Issue: (1) Whether the Due Process Clause prohibits a state court from relieving class members of their burden to prove a longstanding and fundamental element of liability—here, individual reliance in a fraud claim—thereby depriving the defendant of its right to assert an individualized defense to a class action; and (2) whether this Court’s rule – that only a “firmly established and regularly followed” state-law procedural bar can foreclose consideration of a federal constitutional claim – prohibits a state court from invoking a concededly unprecedented procedural rule to avoid consideration of a due process challenge to a punitive damages award.
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