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5 Cards in this Set

  • Front
  • Back

Phillips Petroleum v. Shutts

Due process does not require state where fed court is to have same degree of minimum contact with absent P's as a state court needs with D's.

Amchem Products Inc. v. Windsor

Class may be certified for settlement purposes only, but it must meet Rule 23 (a) requirements and fit one of the 23(b) slots.


If 23(b)3, the court can assume there will not be a trial.

General Telephone Co. v Falcon

Court must conduct rigorous analysis before certifying a class.


Could be required to do evidentiary hearing.


AT&T Mobility LLC v. Concepcion

FAA prohibits states from conditioning enforceability of certain arbitration agreements on availability of class wide procedures.


Q: Do fed or state laws govern on ? of whether an agreement to arbitrate is an agreement to arbitrate within FAA?


A: Circuit split

How many days does the court have to issue a pretrial scheduling order?

Sooner of:


Within 120 days of service of complaint on D


or


within 90 days of D's appearance