Justice Alito Sounds Off On Class Action Litigation

The Supreme Court denies writs of certiorari in an overwhelming majority of cases. Most of the times these denials are formulaic and the Supreme Court does not provide a “look behind the curtain” as to why the Justices decided not to review a particular case, or how they view the merits of a case that they will not be reviewing. This was not the case earlier this week as Justice Samuel Alito issued a scathing statement on November 18, 2013 – in dissenting from the denial of certiorari – that was highly critical of one federal district court judge’s practice of taking diversity issues into account in appointing lead counsel in class actions even though the Supreme Court denied the writ of certiorari.

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