smith
et
al
bayer
argued
january
decided
june
respondent
bayer
moved
federal
district
injunction
ordering
west
virginia
state
consider
motion
class
certification
filed
petitioners
smith
plaintiffs
action
bayer
thought
injunction
warranted
separate
case
bayer
persuaded
federal
district
deny
similar
motion
filed
bayer
different
plaintiff
george
mccollins
district
denied
mccollins
certification
motion
fed
rule
civ
proc
granted
bayer
requested
injunction
state
proceedings
holding
denial
certification
mccollins
case
precluded
litigation
certification
issue
smith
case
appeals
eighth
circuit
affirmed
first
noted
act
act
generally
prohibits
federal
courts
enjoining
state
proceedings
found
act
relitigation
exception
authorized
injunction
ordinary
rules
issue
preclusion
barred
smith
seeking
certification
proposed
class
concluded
smith
invoking
state
rule
rule
civ
proc
sufficiently
similar
federal
rule
mccollins
invoked
certification
issues
presented
two
cases
held
smith
unnamed
member
mccollins
putative
class
action
bound
judgment
mccollins
case
held
enjoining
state
considering
smith
class
certification
request
federal
exceeded
authority
relitigation
exception
act
pp
act
federal
may
grant
injunction
stay
proceedings
state
except
rare
cases
necessary
protect
effectuate
federal
judgments
act
specifically
defined
exceptions
atlantic
coast
line
locomotive
engineers
narrow
enlarged
loose
statutory
construction
chick
kam
choo
exxon
indeed
ny
doubts
propriety
federal
injunction
state
proceedings
resolved
favor
permitting
state
courts
proceed
atlantic
coast
line
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issue
case
known
relitigation
exception
authorizes
injunction
prevent
state
litigation
claim
issue
previously
presented
decided
federal
chick
kam
choo
exception
designed
implement
concepts
claim
issue
preclusion
ibid
deciding
whether
prior
litigation
preclusive
effect
usually
bailiwick
second
west
virginia
every
benefit
doubt
goes
toward
state
see
atlantic
coast
line
injunction
issue
preclusion
clear
beyond
peradventure
federal
determination
preclude
state
adjudication
smith
motion
least
two
conditions
must
met
first
issue
federal
decided
must
one
presented
state
tribunal
second
smith
must
party
federal
suit
must
fall
within
one
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exceptions
general
rule
binding
nonparties
pp
issue
federal
decided
one
presented
state
tribunal
case
little
rerun
chick
kam
choo
federal
dismissed
suit
involving
singapore
law
forum
non
conveniens
grounds
enjoined
plaintiff
pursuing
claim
texas
state
however
legal
standards
forum
non
conveniens
differed
two
courts
issues
courts
differed
making
injunction
unwarranted
smith
proposed
class
mirrored
mccollins
two
suits
substantive
claims
broadly
overlapped
federal
adjudicated
mccollins
certification
motion
federal
rule
whereas
state
poised
consider
smith
proposed
class
rule
state
generally
stated
necessarily
interpret
rule
coterminous
federal
rule
absent
clear
evidence
state
courts
adopted
approach
state
rule
tracking
federal
analysis
mccollins
case
conclude
interpret
rule
way
thus
tell
whether
certification
issues
two
courts
uncertainty
preclude
injunction
indeed
case
injunction
even
stronger
state
expressly
disapproved
approach
rule
predominance
requirement
embraced
federal
district
pp
district
injunction
independently
improper
smith
party
federal
suit
covered
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rule
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preclusion
generally
party
ne
lawsuit
brought
ex
rel
eisenstein
city
new
york
become
party
intervention
substitution
practice
karcher
may
definition
party
stretched
far
cover
person
like
smith
mccollins
denied
leave
represent
exception
rule
nonparty
preclusion
potentially
relevant
exception
binds
members
properly
conducted
class
actions
judgments
entered
proceedings
taylor
sturgell
mccollins
suit
proper
class
action
indeed
ruling
bayer
argues
preclusive
effect
district
decision
certify
class
absent
certification
class
federal
rule
precondition
binding
smith
met
neither
proposed
rejected
class
action
may
bind
nonparties
see
bayer
claims
approach
class
actions
permit
class
counsel
try
repeatedly
certify
class
simply
changing
plaintiffs
principles
stare
decisis
comity
among
courts
generally
suffice
mitigate
sometimes
substantial
costs
similar
litigation
brought
different
plaintiffs
right
approach
lie
binding
nonparties
judgment
extent
class
actions
raise
special
relitigation
problems
federal
class
action
fairness
act
provides
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involve
departing
usual
preclusion
rules
pp
reversed
kagan
delivered
opinion
roberts
scalia
kennedy
ginsburg
breyer
alito
sotomayor
joined
thomas
joined
parts
keith
smith
et
petitioners
bayer
corporation
writ
certiorari
appeals
eighth
circuit
june
justice
kagan
delivered
opinion
case
federal
district
enjoined
state
considering
plaintiff
request
approve
class
action
district
earlier
denied
motion
certify
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related
case
brought
different
plaintiff
defendant
alleging
similar
claims
federal
thought
injunction
appropriate
prevent
relitigation
issue
decided
hold
contrary
issuing
order
state
federal
exceeded
authority
relitigation
exception
act
statutory
provision
permits
federal
enjoin
state
proceeding
rare
cases
necessary
effectuate
federal
judgments
standard
met
two
reasons
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presented
state
identical
one
decided
federal
tribunal
second
plaintiff
state
requisite
connection
federal
suit
bound
district
judgment
question
us
involves
effect
former
adjudication
case
begin
statement
facts
lawsuit
another
august
george
mccollins
sued
respondent
bayer
corporation
circuit
cabell
county
west
virginia
asserting
various
claims
arising
bayer
sale
allegedly
hazardous
prescription
drug
called
baycol
bayer
withdrew
market
month
mccollins
contended
bayer
violated
west
virginia
statute
company
express
implied
warranties
selling
defective
product
pursuant
west
virginia
rule
civil
procedure
mccollins
asked
state
certify
class
west
virginia
residents
also
purchased
baycol
case
proceed
class
action
approximately
one
month
later
suit
us
began
different
part
west
virginia
petitioners
keith
smith
shirley
sperlazza
smith
short
filed
claims
bayer
similar
raised
mccollins
suit
circuit
brooke
county
west
virginia
like
mccollins
smith
asked
certify
west
virginia
rule
class
baycol
purchasers
residing
state
neither
smith
mccollins
knew
suit
january
bayer
removed
mccollins
case
district
southern
district
west
virginia
basis
diversity
jurisdiction
see
case
transferred
district
minnesota
pursuant
preexisting
order
judicial
panel
litigation
consolidated
federal
suits
involving
baycol
numbering
tens
thousands
single
district
judge
see
bayer
however
remove
smith
case
federal
smith
sued
several
west
virginia
defendants
addition
bayer
suit
lacked
complete
diversity
see
smith
suit
thus
remained
state
courthouse
brooke
county
next
six
years
two
cases
proceeded
along
separate
pretrial
paths
roughly
pace
courts
preparing
turn
respective
plaintiffs
motions
class
certification
federal
district
first
reach
decision
applying
federal
rule
civil
procedure
district
declined
certify
mccollins
proposed
class
west
virginia
baycol
purchasers
district
reasoning
proceeded
two
steps
first
ruled
west
virginia
law
plaintiff
prove
actual
injury
use
baycol
recover
app
pet
cert
held
necessary
showing
harm
vary
plaintiff
plaintiff
individual
issues
fact
predominate
issues
common
members
proposed
class
case
suitable
class
treatment
order
district
also
dismissed
mccollins
claims
merits
light
failure
demonstrate
physical
injury
use
baycol
mccollins
chose
appeal
although
mccollins
suit
concluded
bayer
asked
district
another
order
based
upon
one
affecting
smith
case
west
virginia
motion
receipt
first
apprised
smith
mccollins
suit
bayer
explained
proposed
class
smith
case
identical
one
federal
rejected
bayer
therefore
requested
federal
enjoin
west
virginia
state
hearing
smith
motion
certify
class
according
bayer
order
appropriate
protect
district
judgment
mccollins
suit
denying
class
certification
district
agreed
granted
injunction
appeals
eighth
circuit
affirmed
baycol
prods
litigation
noted
act
generally
prohibits
federal
courts
enjoining
state
proceedings
held
act
relitigation
exception
authorized
injunction
ordinary
rules
issue
preclusion
barred
smith
seeking
certification
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class
according
smith
invoking
similar
class
action
rule
mccollins
used
seek
certification
class
suit
alleging
legal
theories
issue
state
therefore
sufficiently
identical
one
federal
decided
warrant
preclusion
ibid
addition
held
parties
two
proceedings
sufficiently
alike
smith
unnamed
member
class
mccollins
proposed
interests
aligned
smith
appropriately
bound
federal
judgment
ibid
granted
certiorari
order
issued
implicates
two
circuit
splits
arising
application
act
relitigation
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first
involves
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suit
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second
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judgment
bind
think
district
erred
grounds
granted
injunction
reverse
ii
act
first
enacted
provides
may
grant
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stay
proceedings
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except
expressly
authorized
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congress
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aid
jurisdiction
protect
effectuate
judgments
statute
recognized
necessary
concomitant
framers
decision
authorize
congress
decision
implement
dual
system
federal
state
courts
chick
kam
choo
exxon
act
core
message
one
respect
state
courts
act
broadly
commands
tribunals
shall
remain
free
interference
federal
courts
atlantic
coast
line
locomotive
engineers
edict
subject
three
specifically
defined
exceptions
exceptions
though
designed
important
purposes
narrow
enlarged
loose
statutory
construction
chick
kam
choo
quoting
atlantic
coast
line
alteration
original
indeed
ny
doubts
propriety
federal
injunction
state
proceedings
resolved
favor
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state
courts
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known
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claim
issue
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kam
choo
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litigation
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wright
miller
cooper
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practice
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ed
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wright
miller
deciding
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litigation
preclusive
effect
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second
one
west
virginia
issuing
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exception
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heavy
reason
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line
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whether
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smith
certification
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federal
determination
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issue
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wright
miller
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smith
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recent
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exception
chick
kam
choo
exxon
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invalidate
federal
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federal
dismissed
suit
involving
singapore
law
grounds
forum
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conveniens
plaintiff
brought
claim
texas
state
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issued
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relief
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forum
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district
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far
essential
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issues
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state
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permissibility
claim
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forum
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thought
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cases
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strictness
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doctrine
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followed
hether
texas
state
courts
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forum
plaintiff
singapore
law
claims
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courts
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issues
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closely
resembles
one
chick
kam
choo
class
smith
proposed
state
mirrored
class
mccollins
sought
certify
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baycol
purchasers
resident
west
virginia
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substantive
claims
two
suits
broadly
overlapped
complaints
alleged
bayer
sold
defective
product
violation
state
consumer
protection
law
company
warranties
far
good
preclusion
fast
critical
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legal
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district
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virginia
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action
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smith
offer
us
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whether
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virginia
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wright
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contends
source
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brief
petitioners
quoting
ali
principles
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aggregate
litigation
reporters
notes
cmt
state
courts
made
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clear
follow
approach
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applied
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need
ignore
determination
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cases
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courts
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virginia
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way
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independence
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courts
interpretation
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rules
particularly
rule
rezulin
litigation
rezulin
west
virginia
high
considered
plaintiff
motion
certify
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coincidentally
enough
suit
allegedly
defective
pharmaceutical
product
made
point
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parties
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reliance
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cases
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certification
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use
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virginia
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bayer
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smith
unnamed
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class
qualifies
party
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litigation
see
brief
respondent
alternatively
bayer
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district
judgment
binds
smith
recognized
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preclusion
members
class
actions
see
think
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contention
merit
bayer
first
claim
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general
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ne
lawsuit
brought
ex
rel
eisenstein
city
new
york
slip
one
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party
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practice
karcher
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member
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person
like
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judgment
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smith
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principles
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bayer
notes
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respondent
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parties
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reserve
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nder
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