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United States Leading Case strike out and summary judgment

Shady Grove Orthopedic Associates v Allstate Insurance Co

559 U.S. 393 (2010)
JurisdictionUnited States
CourtUS Supreme Court
Year2010
StatusBinding authority

Summary

FRCP Rule 23 governs class certification in federal diversity actions and supersedes contrary state laws limiting class suits under the Rules Enabling Act.

Key Principle

Federal Rule of Civil Procedure 23 governs class certification in federal court and preempts contrary state laws under the Rules Enabling Act.

Area of Law

procedure

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Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.

Palmer v Ayres (2017) 259 CLR 478

High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.

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