Filing Class Actions in Federal Court After Shady Grove

Navigating Divergent Circuit Court Rulings on State Law Prohibitions of Class Actions

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, July 14, 2011

Recorded event now available

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Program Materials

This CLE webinar will analyze the U.S. Supreme Court’s Shady Grove decision and discuss how lower courts have applied the ruling. The panel will offer guidance for practitioners to argue their positions on whether particular state-law prohibitions on class action claims should apply in federal diversity cases.


The Supreme Court's Shady Grove ruling held that Rule 23 preempts state laws that otherwise bar statutory claims from being brought as class actions. Many believed an increase in class actions filed in federal court, particularly in the consumer protection and antitrust arenas would result.

One year later, the impact of Shady Grove on federal court filings remains unclear, mostly due to ambiguities in the Court’s decision and the differing plurality and concurring opinions regarding the standard for deciding which state-law restrictions do not apply in federal court actions.

The lower courts' struggles to apply these different tests have resulted in divergent applications of Shady Grove. Nonetheless, plaintiffs and defendants can glean guidance from these rulings for arguing their positions regarding the applicability of a state-law restriction in federal court.

Listen as our authoritative panel of attorneys discusses the impact of the Supreme Court's Shady Grove decision, how the lower courts have interpreted the ruling, and best practices for litigators to argue their position regarding the applicability of state-law class action restrictions in federal diversity cases.



  1. Analysis of Shady Grove Orthopedic Associates v. Allstate Ins. Co.
  2. Analysis of impact of Shady Grove
    1. Subsequent lower court cases interpreting or applying Shady Grove
  3. Strategies for plaintiffs and defendants in arguing whether a state law restriction on class actions should apply in federal court.


The panel will review these and other key questions:

  • Has the Shady Grove decision provided plaintiffs with additional opportunities for class action litigation?
  • How have lower courts applied Shady Groves' divergent tests for deciding which state laws restrictions will not apply in federal court actions?
  • Have there been any rulings since Shady Grove which dispensed with the state law restriction on class action claims?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Paul G. Karlsgodt
Paul G. Karlsgodt

Baker Hostetler

Mr. Karlsgodt has a diverse complex commercial litigation practice that emphasizes class action defense. He is editor...  |  Read More

Jack E. Pace
Jack E. Pace

White & Case

He concentrates on complex commercial litigation and counseling in the areas of antitrust and trade regulation. He has...  |  Read More

Gretchen Carpenter
Gretchen Carpenter

Strange & Carpenter

She is an experienced class action litigator, having been successful in helping analyze, draft and argue numerous class...  |  Read More

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