Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
08-1008 | 2d Cir. |
Nov 2, 2009 |
Mar 31, 2010 | 5-4 | Scalia | OT 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 Justice Antonin Scalia on March 31, 2010. Justice Stevens concurred in part and concurred in the judgment. Justice Ginsburg dissented, joined by Justices Kennedy, Breyer, and Alito.