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The Sixteenth Annual Supreme Court Review Conference
November 11, 2011
Professor Bruce Miller
Western New England University School of Law
Is the Roberts Court Trying to Deregulate Business?
Goodyear Dunlop Tires Operation v. Brown, 131 S. Ct. 2846 (2011) (holding unanimously that manufacturer’s placing defective tires into the stream of commerce did not permit state court to exercise general personal jurisdiction over suit against it by state residents killed in overseas bus accident allegedly caused by the defect).
MacIntyre Machinery Ltd v. Nicastro, 131 S. Ct. 2780 (2011)(holding, 6-3, that in the absence of a foreign manufacturer’s marketing strategy aimed at residents of a state, a state court may not exercise claim related personal jurisdiction over suit by state resident against manufacturer for injuries caused in state by its defective product).
Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) (holding, 5-4, that despite substantial statistical evidence of their adverse impact on women, sex discrimination suit by female employees challenging employment practices of national retailer could not qualify for certification as a class action because company policy of giving local supervisors control over employment matters removed all common questions of law or fact from the employees’ claims).
Chamber of Commerce of the United States of America v. Whiting, 131 S. Ct.1968 (2011)(rejecting, 5-3, pre-emption challenge to Arizona statute withdrawing license to do business in state from employers determined by state to have knowingly employed an unauthorized alien).
Sponsored by the Law School's Institute for Legislative and Governmental Affairs