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Monday, June 20, 2011
Courts - SCOTUS opinions today
Thanks to SCOTUSblog:
American Electric v. Conn. case page is here. Opinion: "The Court holds that the Clean Air Act and the EPA's actions under the Act displace the claims that are made under public nuisance laws."Sentencing Law blog has this, on Turner v. Rogers, the right to counsel case.Wal-Mart - "The Court holds that the certification of the plaintiff class here was not consistent with Rule 23(a). Court holds, among other things, that Wal-Mart is entitled to individual determinations of its employees' eligibility for back-pay. Second part of the opinion says that claims for monetary relief may not be certified for 23(b)(2), at least when the request for monetary relief is not incidental to the request for injunctive or declaratory relief." Case page is here Opinion here. More anaysis: "The Court does say that 23(b)(2) applies only when a single indivisible remedy would provide relief to each class member. If you want to pursue individual monetary claims, must do so under 23(b)(3)." "The Court unanimously holds the class should not have been certified. The four members of the Court would decide the case more narrowly."
Posted by Marcia Oddi on June 20, 2011 10:09 AM
Posted to Courts in general