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The Post-Scalia Class Action Landscape

Supreme Court 35719-0001By Alexander M. Smith

On Saturday, Justice Antonin Scalia passed away after nearly three decades on the Supreme Court.  During that time, he authored many opinions, including Wal-Mart Stores, Inc. v. Dukes, Comcast Corp. v. Behrend, and AT&T Mobility LLC v. Concepcion, that significantly affected the class action landscape.  Several other legal bloggers have also recognized Scalia’s legacy in the class action arena and have described the impact his death may have going forward:

  • At Lexology, Donald R. Frederico notes that “[n]o one has done more to shape class action law than Justice Antonin Scalia” and explains that his decisions in Dukes, Concepcion, and Behrend will leave “an imprint that is likely to long survive his passing.”  
  • In an article on Law360, Vin Gurrieri describes the effect of Scalia’s passing and notes that “a more left-leaning justice could flip the court’s internal dynamics on key issues like class actions and arbitration agreements.”
  • And in the AmLaw Litigation Daily, Scott Flaherty describes Scalia’s “indisputable mark on the class action landscape” and notes that his rulings “forced lower court judges and lawyers alike to view issues of class certification through a lens that focused on the facts.”