Abstract
In Smith v. Bayer Corp., 131 S. Ct. 2368 (2011), the Supreme Court held the United States District Court for the District of Minnesota misapplied the re-litigation exception to the Anti-Injunction Act when the district court enjoined the West Virginia state court from considering the class certification issue presented in Smith’s case. While the Class Action Fairness Act of 2005 (CAFA) had recently been passed, the class action reform was not enacted in time to affect this case. Nevertheless, Smith provides security to some state court class actions in a post-CAFA atmosphere where state jurisdiction over class actions seems severely limited. This Note will argue that Smith was decided correctly, appropriately limiting federal courts’ ability to issue injunctions against state courts poised to consider certifying classes with similar issues to classes denied in federal courts.
Recommended Citation
Mallori Allen,
Classing Up the Re-litigation Exception?: Federalism, Injunctions, and Class Actions in Smith v. Bayer Corp., 131 S. Ct. 2368 (2011),
37
S. Ill. U. L.J.
219
(2026).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol37/iss1/8