Petition of the day

By Maureen Johnston
on Apr 28, 2014 at 10:11 pm

The petition of the day is:

Issue: (1) Whether the Due Process Clause precludes state courts from certifying a class action for injunctive and declaratory relief that the class representative cannot seek in an individual capacity; (2) whether the Due Process Clause precludes state courts from certifying a no-opt-out class action to provide the predicate for later individual awards of compensatory and punitive damages; and (3) whether the Due Process Clause precludes state courts from certifying class claims on the premise that individual defenses will be removed from consideration.