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Farmers Insurance Company of Oregon v. Strawn

Certiorari Denied

Petition for certiorari denied on January 23, 2012.

Docket No.11-445
Op. BelowOr. S. Ct.

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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