From Shady to Dark: One Year Later, Shady Grove's Meaning Remains Unclear

Spring 2011
Antitrust
Jack E. Pace III, Rachel Jari Feldman

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When the US Supreme Court issued its decision in Shady Grove Orthopedic Associates last year, class action practitioners recognized immediately that the opinion could have significant consequences for consumer protection, antitrust, and other cases filed in federal court. At a minimum, Shady Grove could provide plaintiffs in federal diversity cases with an avenue to assert state law claims on a classwide basis even though doing so would be prohibited in state courts. But at the one-year anniversary of Shady Grove, the scope of this opportunity remains unclear.