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ginsburg
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ginsburg
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york
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mckinney
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new
york
legislature
hopper
various
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expressly
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pertinent
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crompton
constituents
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also
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need
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new
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council
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executive
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legislative
report
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jacket
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aiming
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defendant
new
york
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amended
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actions
alexander
practice
commentaries
reprinted
mckinney
consolidated
laws
new
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internal
quotation
marks
omitted
signing
statement
governor
hugh
carey
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reprinted
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remedies
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legislature
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today
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federal
rule
says
authorizes
recovery
statutory
damages
even
though
new
york
provision
instructs
penalties
shall
available
rewrite
state
law
reflect
perception
legislative
purpose
ante
course
interpret
federal
rules
light
state
regulatory
policy
decide
whether
extent
rule
preempts
state
law
see
supra
read
federal
rule
walker
armco
steel
govern
suit
commences
purposes
tolling
state
statute
limitations
although
rule
indisputably
controls
action
commences
federal
procedural
purposes
read
rule
direct
class
action
may
maintained
purposes
recovering
statutory
damages
prescribed
state
law
reading
rule
rewriting
necessary
avoid
conflict
new
york
legislature
appears
anticipated
result
discussing
remedial
bar
effected
bill
sponsor
explained
statutory
class
action
actual
damages
still
permissible
fink
sponsor
memorandum
bill
jacket
ch
see
also
state
consumer
protection
board
memorandum
may
bill
jacket
ch
understanding
new
york
courts
routinely
authorize
class
actions
class
waives
right
receive
statutory
penalties
see
cox
microsoft
app
div
pesantez
boyle
env
app
div
ridge
meadows
homeowners
tara
development
app
div
super
glue
avis
rent
car
system
app
div
weinberg
hertz
app
div
plurality
notes
rejected
every
statutory
challenge
federal
rule
come
us
ante
omits
interpreted
rules
due
restraint
including
rule
thus
diminishing
prospects
success
challenges
see
ortiz
fibreboard
amchem
products
windsor
supra
adopted
variety
formulations
limit
use
class
actions
gain
certain
remedies
pursue
certain
claims
illustrated
examples
listed
allstate
brief
apps
brief
respondent
reading
rule
ante
likely
prevents
enforcement
statutes
diversity
actions
including
numerous
state
statutory
provisions
like
attempt
curb
recovery
statutory
damages
see
cal
civ
code
ann
west
rev
stat
ann
stat
haw
rev
stat
ind
code
rev
stat
ann
west
mass
laws
ch
comp
laws
ann
west
stat
ann
lexis
ohio
rev
code
ann
west
okla
tit
supp
wyo
stat
ann
iii
shady
grove
argument
procedural
based
possible
application
foreign
claims
also
sync
erie
decisions
many
involving
state
statutes
similarly
unqualified
scope
new
jersey
law
issue
cohen
beneficial
industrial
loan
example
required
plaintiffs
post
bond
security
costs
stockholder
derivative
action
quoting
laws
ch
emphasis
added
see
also
walker
oklahoma
statute
deemed
action
commenced
purposes
statute
limitations
upon
service
summons
quoting
okla
tit
characterization
state
statute
substantive
erie
purposes
never
hinged
whether
law
applied
domestic
causes
action
contrary
ranked
substantive
variety
state
laws
state
courts
apply
federal
claims
including
statutes
limitations
prescriptions
see
infra
contrast
many
state
rules
ostensibly
addressed
procedure
ante
majority
opinion
including
pleading
standards
rules
governing
summary
judgment
pretrial
discovery
admissibility
certain
evidence
hugely
impact
forum
choices
difficult
imagine
scenario
promote
forum
shopping
one
difference
filing
state
federal
difference
potential
award
one
question
federal
courts
give
effect
substantive
thrust
without
untoward
alteration
federal
scheme
trial
decision
civil
cases
gasperini
risk
individual
plaintiffs
seeking
statutory
penalties
flood
federal
courts
claims
managed
efficiently
class
basis
diversity
statute
requirement
ensures
small
disputes
remain
state
remains
open
congress
course
exclude
jurisdiction
class
action
fairness
act
claims
maintained
class
action
state