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Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company

Docket No.08-1008
Op. Below2d Circuit
ArgumentFeb 11, 2009

Holding

Federal Rule 23 controls when a class action lawsuit may be filed in federal court, so states do not have the authority to limit the right to sue.

Judgment

Reversed and remanded, 5-4, in an opinion by Antonin Scalia on Mar 31, 2010. Justice Stevens concurred in part and concurred in the judgment. Justice Ginsburg dissented, joined by Justices Kennedy, Breyer, and Alito.

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