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R.J. Reynolds Tobacco Company v. Graham
Graham (U.S., filed October 19, 2017): Arguing that class action defendants have a due process right to a judicial determination of every element of a plaintiff’s claim. The “actually decided” precondition to preclusion protects this right in the context of multiple adjudications. Also arguing that the so-called “issue” classes coupled with novel applications of the preclusion doctrine can trample defendants’ due process rights.
On January 8, 2018, the U.S. Supreme Court denied cert.
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