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(Slip Opinion) OCTOBER TERM, 2010 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SMITH ET AL. v. BAYER CORP. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 09â1205. Argued January 18, 2011âDecided June 16, 2011 Respondent (Bayer) moved in Federal District Court for an injunction ordering a West Virginia state court not to consider a motion for class certification filed by petitioners (Smith), who were plaintiffs in the state-court action. Bayer thought such an injunction warranted be cause, in a separate case, Bayer had persuaded the same Federal District Court to deny a similar class-certification motion that had been filed against Bayer by a different plaintiff, George McCollins. The District Court had denied McCollinsâ certification motion under Fed. Rule Civ. Proc. 23. The court granted Bayerâs requested injunction against the state court proceedings, holding that its denial of certification in McCollinsâ case precluded litigation of the certification issue in Smithâs case. The Court of Appeals for the Eighth Circuit affirmed. It first noted that the Anti-Injunction Act (Act) generally prohibits federal courts from enjoining state court proceedings. But it found that the Actâs re litigation exception authorized this injunction because ordinary rules of issue preclusion barred Smith from seeking certification of his pro posed class. In so doing, the court concluded that Smith was invok ing a State Rule, W. Va. Rule Civ. Proc. 23, that was sufficiently similar to the Federal Rule McCollins had invoked, such that the cer tification issues presented in the two cases were the same. The court further held that Smith, as an unnamed member of McCollinsâ puta tive class action, could be bound by the judgment in McCollinsâ case. Held: In enjoining the state court from considering Smithâs class certifi cation request, the federal court exceeded its authority under the âre litigation exceptionâ to the Act. Pp. 5â18. (a) Under that Act, a federal court âmay not grant an injunction to stay proceedings in a State court exceptâ in rare cases, when neces 2 SMITH v. BAYER CORP. Syllabus sary to âprotect or effectuate [the federal courtâs] judgments.â 28 U. S. C. §2283. The Actâs âspecifically defined exceptions,â Atlantic Coast Line R. Co. v. Locomotive Engineers, 398 U. S. 281, 286, âare narrow and are ânot [to] be enlarged by loose statutory construction,â â Chick Kam Choo v. Exxon Corp., 486 U. S. 140, 146. Indeed, â[a]ny doubts as to the propriety of a federal injunction against state court proceedings should be resolved in favor of permitting the state courts to proceed.â Atlantic Coast Line R. Co., 398 U. S., at 297. The excep tion at issue in this case, known as the ârelitigation exception,â au thorizes an injunction to prevent state litigation of a claim or issue âthat previously was presented to and decided by the federal court.â Chick Kam Choo, 486 U. S., at 147. This exception is designed to im plement âwell-recognized conceptsâ of claim and issue preclusion. Ibid. Because deciding whether and how prior litigation has preclu sive effect is usually the bailiwick of the second courtâhere, the West Virginia courtâevery benefit of the doubt goes toward the state court, see Atlantic Coast Line, 398 U. S., at 287, 297; an injunction can issue only if preclusion is clear beyond peradventure. For the federal courtâs class-action determination to preclude the state courtâs adjudication of Smithâs motion, at least two conditions must be met. First, the issue the federal court decided must be the same as the one presented in the state tribunal. And second, Smith must have been a party to the federal suit or must fall within one of a few discrete ex ceptions to the general rule against binding nonparties. Pp. 5â7. (b) The issue the federal court decided was not the same as the one presented in the state tribunal. This case is little more than a rerun of Chick Kam Choo. There, a federal court dismissed a suit involving Singapore law on forum non conveniens grounds and then enjoined the plaintiff from pursuing the âsameâ claim in Texas state court. However, because the legal standards for forum non conveniens dif fered in the two courts, the issues before those courts differed, mak ing an injunction unwarranted. Here, Smithâs proposed class mir rored McCollinsâ, and the two suitsâ substantive claims broadly overlapped. But the federal court adjudicated McCollinsâ certification motion under Federal Rule 23, whereas the state court was poised to consider Smithâs proposed class under W. Va. Rule 23. And the State Supreme Court has generally stated that it will not necessarily inter pret its Rule 23 as coterminous with the Federal Rule. Absent clear evidence that the state courts had adopted an approach to State Rule 23 tracking the federal courtâs analysis in McCollinsâ case, this Court could not conclude that they would interpret their Rule the same way and, thus, could not tell whether the certification issues in the two courts were the same. That uncertainty would preclude an injunc tion. And indeed, the case against an injunction here is even Cite as: 564 U. S. ____ (2011) 3 Syllabus stronger, because the State Supreme Court has expressly disap proved the approach to Rule 23(b)(3)âs predominance requirement embraced by the Federal District Court. Pp. 8â12. (c) The District Courtâs injunction was independently improper be cause Smith was not a party to the federal suit and was not covered by any exception to the rule against nonparty preclusion. Generally, a party âis â[o]ne by or against whom a lawsuit is brought,â â United States ex rel. Eisenstein v. City of New York, 556 U. S. ___, ___, or who âbecome[s] a party by intervention, substitution, or third-party practice,â Karcher v. May, 484 U. S. 72, 77. The definition of âpartyâ cannot be stretched so far as to cover a person like Smith, whom McCollins was denied leave to represent. The only exception to the rule against nonparty preclusion potentially relevant here is the ex ception that binds non-named members of âproperly conducted class actionsâ to judgments entered in such proceedings. Taylor v. Stur gell, 553 U. S. 880, 894. But McCollinsâ suit was not a proper class action. Indeed, the very ruling that Bayer argues should have pre clusive effect is the District Courtâs decision not to certify a class. Absent certification of a class under Federal Rule 23, the precondi tion for binding Smith was not met. Neither a proposed, nor a re jected, class action may bind nonparties. See id., at 901. Bayer claims that this Courtâs approach to class actions would permit class counsel to try repeatedly to certify the same class simply by changing plaintiffs. But principles of stare decisis and comity among courts generally suffice to mitigate the sometimes substantial costs of simi lar litigation brought by different plaintiffs. The right approach does not lie in binding nonparties to a judgment. And to the extent class actions raise special relitigation problems, the federal Class Action Fairness Act of 2005 provides a remedy that does not involve depart ing from the usual preclusion rules. Pp. 12â18. 593 F. 3d 716, reversed. KAGAN, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SCALIA, KENNEDY, GINSBURG, BREYER, ALITO, and SOTOMAYOR, JJ., joined, and in which THOMAS, J., joined as to Parts I and IIâA. Cite as: 564 U. S. ____ (2011) 1 Opinion of the Court NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash ington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. SUPREME COURT OF THE UNITED STATES _________________ No. 09â1205 _________________ KEITH SMITH, ET AL., PETITIONERS v. BAYER CORPORATION ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT [June 16, 2011] JUSTICE KAGAN delivered the opinion of the Court.* In this case, a Federal District Court enjoined a state court from considering a plaintiffâs request to approve a class action. The District Court did so because it had earlier denied a motion to certify a class in a related case, brought by a different plaintiff against the same defen dant alleging similar claims. The federal court thought its injunction appropriate to prevent relitigation of the issue it had decided. We hold to the contrary. In issuing this order to a state court, the federal court exceeded its authority under the ârelitigation exceptionâ to the Anti-Injunction Act. That statutory provision permits a federal court to enjoin a state proceeding only in rare cases, when necessary to âpro tect or effectuate [the federal courtâs] judgments.â 28 U. S. C. §2283. Here, that standard was not met for two reasons. First, the issue presented in the state court was not identical to the one decided in the federal tribunal. And second, the plaintiff in the state court did not have the requisite connection to the federal suit to be bound by ââââââ * JUSTICE THOMAS joins Parts I and IIâA of this opinion. 2 SMITH v. BAYER CORP. Opinion of the Court the District Courtâs judgment. I Because the question before us involves the effect of a former adjudication on this case, we begin our statement of the facts not with this lawsuit, but with another. In August 2001, George McCollins sued respondent Bayer Corporation in the Circuit Court of Cabell County, West Virginia, asserting various state-law claims arising from Bayerâs sale of an allegedly hazardous prescription drug called Baycol (which Bayer withdrew from the market that same month). McCollins contended that Bayer had vio lated West Virginiaâs consumer-protection statute and the companyâs express and implied warranties by selling him a defective product. And pursuant to West Virginia Rule of Civil Procedure 23 (2011), McCollins asked the state court to certify a class of West Virginia residents who had also purchased Baycol, so that the case could proceed as a class action. Approximately one month later, the suit now before us began in a different part of West Virginia. Petitioners Keith Smith and Shirley Sperlazza (Smith for short) filed state-law claims against Bayer, similar to those raised in McCollinsâ suit, in the Circuit Court of Brooke County, West Virginia. And like McCollins, Smith asked the court to certify under West Virginiaâs Rule 23 a class of Baycol purchasers residing in the State. Neither Smith nor McCollins knew about the otherâs suit. In January 2002, Bayer removed McCollinsâ case to the United States District Court for the Southern District of West Virginia on the basis of diversity jurisdiction. See 28 U. S. C. §§1332, 1441. The case was then transferred to the District of Minnesota pursuant to a preexisting order of the Judicial Panel on Multi-District Litigation, which had consolidated all federal suits involving Baycol (num bering in the tens of thousands) before a single District Cite as: 564 U. S. ____ (2011) 3 Opinion of the Court Court Judge. See §1407. Bayer, however, could not remove Smithâs case to federal court because Smith had sued several West Virginia defendants in addition to Bayer, and so the suit lacked complete diversity. See §1441(b).1 Smithâs suit thus remained in the state court house in Brooke County. Over the next six years, the two cases proceeded along their separate pretrial paths at roughly the same pace. By 2008, both courts were preparing to turn to their respec tive plaintiffsâ motions for class certification. The Federal District Court was the first to reach a decision. Applying Federal Rule of Civil Procedure 23,2 the Dis trict Court declined to certify McCollinsâ proposed class of West Virginia Baycol purchasers. The District Courtâs reasoning proceeded in two steps. The court first ruled that, under West Virginia law, each plaintiff would have to prove âactual injuryâ from his use of Baycol to recover. App. to Pet. for Cert. 44a. The court then held that be cause the necessary showing of harm would vary from plaintiff to plaintiff, âindividual issues of fact predomi nate[d]â over issues common to all members of the pro posed class, and so the case was not suitable for class treatment. Id., at 45a. In the same order, the District Court also dismissed McCollinsâ claims on the merits in light of his failure to demonstrate physical injury from his use of Baycol. McCollins chose not to appeal. Although McCollinsâ suit was now concluded, Bayer asked the District Court for another order based upon it, ââââââ 1 The Class Action Fairness Act of 2005, 119 Stat. 4, which postdates and therefore does not govern this lawsuit, now enables a defendant to remove to federal court certain class actions involving nondiverse parties. See 28 U. S. C. §§1332(d), 1453(b); see also infra, at 17. 2 Although McCollins had originally sought certification under West Virginia Rule of Civil Procedure 23 (2011), federal procedural rules govern a case that has been removed to federal court. See Shady Grove Orthopedic Associates, P. A. v. Allstate Ins. Co., 559 U. S. ___ (2010). 4 SMITH v. BAYER CORP. Opinion of the Court this one affecting Smithâs case in West Virginia. In a motionâreceipt of which first apprised Smith of McCol linsâ suitâBayer explained that the proposed class in Smithâs case was identical to the one the federal court had just rejected. Bayer therefore requested that the federal court enjoin the West Virginia state court from hearing Smithâs motion to certify a class. According to Bayer, that order was appropriate to protect the District Courtâs judgment in McCollinsâ suit denying class certification. The District Court agreed and granted the injunction. The Court of Appeals for the Eighth Circuit affirmed. In re Baycol Prods. Litigation, 593 F. 3d 716 (2010). The court noted that the Anti-Injunction Act generally prohib its federal courts from enjoining state court proceedings. But the court held that the Actâs relitigation exception authorized the injunction here because ordinary rules of issue preclusion barred Smith from seeking certification of his proposed class. According to the court, Smith was invoking a similar class action rule as McCollins had used to seek certification âof the same classâ in a suit alleging âthe same legal theories,â id., at 724; the issue in the state court therefore was âsufficiently identicalâ to the one the federal court had decided to warrant preclusion, ibid. In addition, the court held, the parties in the two proceedings were sufficiently alike: Because Smith was an unnamed member of the class McCollins had proposed, and because their âinterests were aligned,â Smith was appropriately bound by the federal courtâs judgment. Ibid. We granted certiorari, 561 U. S. __ (2010), because the order issued here implicates two circuit splits arising from application of the Anti-Injunction Actâs relitigation excep tion. The first involves the requirement of preclusion law that a subsequent suit raise the âsame issueâ as a previous case.3 The second concerns the scope of the rule that a ââââââ 3 Compare In re Baycol Prods. Litigation, 593 F. 3d 716, 723 (CA8 Cite as: 564 U. S. ____ (2011) 5 Opinion of the Court courtâs judgment cannot bind nonparties.4 We think the District Court erred on both grounds when it granted the injunction, and we now reverse. II The Anti-Injunction Act, first enacted in 1793, provides that âA court of the United States may not grant an injunc tion to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.â 28 U. S. C. §2283. The statute, we have recognized, âis a necessary concomi tant of the Framersâ decision to authorize, and Congressâ decision to implement, a dual system of federal and state courts.â Chick Kam Choo v. Exxon Corp., 486 U. S. 140, 146 (1988). And the Actâs core message is one of respect for state courts. The Act broadly commands that those tribunals âshall remain free from interference by federal courts.â Atlantic Coast Line R. Co. v. Locomotive Engi ââââââ 2010) (case below) (holding that two cases involve the same issue when â[t]he state and federal [class] certification rules . . . are not signifi cantly differentâ), with J. R. Clearwater Inc. v. Ashland Chemical Co., 93 F. 3d 176, 180 (CA5 1996) (holding that two cases implicate different issues even when â[the state rule] is modeled on . . . the Federal Rulesâ because a â[state] court might well exercise [its] discretion in a different mannerâ). 4 Compare 593 F. 3d, at 724 (â[T]he denial of class certification is binding on unnamed [putative] class membersâ because they are âin privity to [the parties] in the prior actionâ) and In re Bridge stone/Firestone, Inc., Tires Prods. Liability Litigation, 333 F. 3d 763, 768â769 (CA7 2003) (same), with In re Ford Motor Co., 471 F. 3d 1233, 1245 (CA11 2006) (holding that â[t]he denial of class certificationâ prevents a court from âbindingâ anyone other than âthe parties appear ing before itâ) and In re General Motors Corp. Pick-Up Truck Fuel Tank Prods. Liability Litigation, 134 F. 3d 133, 141 (CA3 1998) (holding that putative âclass members are not partiesâ and so cannot be bound by a courtâs ruling when âthere is no class pendingâ). 6 SMITH v. BAYER CORP. Opinion of the Court neers, 398 U. S. 281, 282 (1970). That edict is subject to only âthree specifically defined exceptions.â Id., at 286. And those exceptions, though designed for important purposes, âare narrow and are ânot [to] be enlarged by loose statutory construction.â â Chick Kam Choo, 486 U. S., at 146 (quoting Atlantic Coast Line, 398 U. S., at 287; alteration in original). Indeed, â[a]ny doubts as to the propriety of a federal injunction against state court pro ceedings should be resolved in favor of permitting the state courts to proceed.â Id., at 297. This case involves the last of the Actâs three exceptions, known as the relitigation exception. That exception is de signed to implement âwell-recognized conceptsâ of claim and issue preclusion. Chick Kam Choo, 486 U. S., at 147. The provision authorizes an injunction to prevent state litigation of a claim or issue âthat previously was pre sented to and decided by the federal court.â Ibid. But in applying this exception, we have taken special care to keep it âstrict and narrow.â Id., at 148. After all, a court does not usually âget to dictate to other courts the preclu sion consequences of its own judgment.â 18 C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure §4405, p. 82 (2d ed. 2002) (hereinafter Wright & Miller). Deciding whether and how prior litigation has preclusive effect is usually the bailiwick of the second court (here, the one in West Virginia). So issuing an injunction under the relitigation exception is resorting to heavy artillery.5 For that reason, every benefit of the doubt goes toward the state court, see Atlantic Coast Line, 398 U. S., at 287, 297; an injunction can issue only if preclusion is clear beyond ââââââ 5 That is especially so because an injunction is not the only way to correct a state trial courtâs erroneous refusal to give preclusive effect to a federal judgment. As we have noted before, âthe state appellate courts and ultimately this Courtâ can review and reverse such a ruling. See Atlantic Coast Line R. Co. v. Locomotive Engineers, 398 U. S. 281, 287 (1970). Cite as: 564 U. S. ____ (2011) 7 Opinion of the Court peradventure. The question here is whether the federal courtâs rejec tion of McCollinsâ proposed class precluded a later adjudi cation in state court of Smithâs certification motion. For the federal courtâs determination of the class issue to have this preclusive effect, at least two conditions must be met.6 First, the issue the federal court decided must be the same as the one presented in the state tribunal. See 18 Wright & Miller §4417, at 412. And second, Smith must have been a party to the federal suit, or else must fall within one of a few discrete exceptions to the general rule against binding nonparties. See 18A id., §4449, at 330. In fact, as we will explain, the issues before the two courts were not the same, and Smith was neither a party nor the ex ceptional kind of nonparty who can be bound. So the courts below erred in finding the certification issue pre cluded, and erred all the more in thinking an injunction appropriate.7 ââââââ 6 We have held that federal common law governs the preclusive effect of a decision of a federal court sitting in diversity. See Semtek Intâl Inc. v. Lockheed Martin Corp., 531 U. S. 497, 508 (2001). Smith assumes that federal common law should here incorporate West Virginiaâs preclusion law, see Brief for Petitioners 15â16, whereas Bayer favors looking only to federal rules of preclusion because of the federal inter ests at stake in this case, see Brief for Respondent 18. We do not think the question matters here. Neither party identifies any way in which federal and state principles of preclusion law differ in any relevant respect. Nor have we found any such divergence. Compare, e.g., Montana v. United States, 440 U. S. 147, 153â154 (1979) (describing elements of issue preclusion), with State v. Miller, 194 W. Va. 3, 9, 459 S. E. 2d 114, 120 (1995) (same). We therefore need not decide whether, in general, federal common law ought to incorporate state law in situations such as this. 7 Because we rest our decision on the Anti-Injunction Act and the principles of issue preclusion that inform it, we do not consider Smithâs argument, based on Phillips Petroleum Co. v. Shutts, 472 U. S. 797 (1985), that the District Courtâs action violated the Due Process Clause. 8 SMITH v. BAYER CORP. Opinion of the Court A In our most recent case on the relitigation exception, Chick Kam Choo v. Exxon, we applied the âsame issueâ requirement of preclusion law to invalidate a federal courtâs injunction. 486 U. S., at 151. The federal court had dismissed a suit involving Singapore law on grounds of forum non conveniens. After the plaintiff brought the same claim in Texas state court, the federal court issued an injunction barring the plaintiff from pursuing relief in that alternate forum. We held that the District Court had gone too far. â[A]n essential prerequisite for applying the relitigation exception,â we explained, âis that the . . . is sues which the federal injunction insulates from litigation in state proceedings actually have been decided by the federal court.â Id., at 148. That prerequisite, we thought, was not satisfied because the issue to be adjudicated in state court was not the one the federal court had resolved. The federal court had considered the permissibility of the claim under federal forum non conveniens principles. But the Texas courts, we thought, âwould apply a significantly different forum non conveniens analysis,â id., at 149; they had in prior cases rejected the strictness of the federal doctrine. Our conclusion followed: â[W]hether the Texas state courts are an appropriate forum for [the plaintiffâs] Singapore law claims has not yet been litigated.â Ibid. Because the legal standards in the two courts differed, the issues before the courts differed, and an injunction was unwarranted. The question here closely resembles the one in Chick Kam Choo. The class Smith proposed in state court mir rored the class McCollins sought to certify in federal court: Both included all Baycol purchasers resident in West Virginia. Moreover, the substantive claims in the two suits broadly overlapped: Both complaints alleged that Bayer had sold a defective product in violation of the Stateâs consumer protection law and the companyâs war Cite as: 564 U. S. ____ (2011) 9 Opinion of the Court ranties. So far, so good for preclusion. But not so fast: a critical questionâthe question of the applicable legal standardâremains. The District Court ruled that the proposed class did not meet the requirements of Federal Rule 23 (because individualized issues would predominate over common ones). But the state court was poised to consider whether the proposed class satisfied West Vir ginia Rule 23. If those two legal standards differ (as federal and state forum non conveniens law differed in Chick Kam Choo)âthen the federal court resolved an issue not before the state court. In that event, much like in Chick Kam Choo, âwhether the [West Virginia] state cour[t]â should certify the proposed class action âhas not yet been litigated.â 486 U. S., at 149. The Court of Appeals and Smith offer us two competing ways of deciding whether the West Virginia and Federal Rules differ, but we think the right path lies somewhere in the middle. The Eighth Circuit relied almost exclusively on the near-identity of the two Rulesâ texts. See 593 F. 3d, at 723. That was the right place to start, but not to end. Federal and state courts, after all, can and do apply iden tically worded procedural provisions in widely varying ways. If a Stateâs procedural provision tracks the lan guage of a Federal Rule, but a state court interprets that provision in a manner federal courts have not, then the state court is using a different standard and thus deciding a different issue. See 18 Wright & Miller §4417, at 454 (stating that preclusion is âinappropriateâ when âdifferent legal standards . . . masquerad[e] behind similar legal labelsâ). At the other extreme, Smith contends that the source of law is all that matters: a different sovereign must in each and every case âhave the opportunity, if it chooses, to construe its procedural rule differently.â Brief for Petitioners 22 (quoting ALI, Principles of the Law, Aggregate Litigation §2.11, Reportersâ Notes, cmt. b, p. 181 (2010)). But if state courts have made crystal clear 10 SMITH v. BAYER CORP. Opinion of the Court that they follow the same approach as the federal court applied, we see no need to ignore that determination; in that event, the issues in the two cases would indeed be the same. So a federal court considering whether the relitiga tion exception applies should examine whether state law parallels its federal counterpart. But as suggested earlier, see supra, at 6, the federal court must resolve any uncer tainty on that score by leaving the question of preclusion to the state courts. Under this approach, the West Virginia Supreme Court has gone some way toward resolving the matter before us by declaring its independence from federal courtsâ inter pretation of the Federal Rulesâand particularly of Rule 23. In In re W. Va. Rezulin Litigation, 214 W. Va. 52, 585 S. E. 2d 52 (2003) (In re Rezulin), the West Virginia high court considered a plaintiffâs motion to certify a classâ coincidentally enough, in a suit about an allegedly defec tive pharmaceutical product. The court made a point of complaining about the partiesâ and lower courtâs near exclusive reliance on federal cases about Federal Rule 23 to decide the certification question. Such cases, the court cautioned, â âmay be persuasive, but [they are] not binding or controlling.â â Id., at 61, 585 S. E. 2d, at 61. And lest anyone mistake the import of this message, the court went on: The aim of âthis rule is to avoid having our legal analysis of our Rules âamount to nothing more than Pav lovian responses to federal decisional law.â â Ibid. (italics omitted). Of course, the state courts might still have adopted an approach to their Rule 23 that tracked the analysis the federal court used in McCollinsâ case. But absent clear evidence that the state courts had done so, we could not conclude that they would interpret their Rule in the same way. And if that is so, we could not tell whether the certification issues in the state and federal courts were the same. That uncertainty would preclude an injunction. But here the case against an injunction is even stronger, Cite as: 564 U. S. ____ (2011) 11 Opinion of the Court because the West Virginia Supreme Court has disap proved the approach to Rule 23(b)(3)âs predominance requirement that the Federal District Court embraced. Recall that the federal court held that the presence of a single individualized issueâinjury from the use of Baycolâprevented class certification. See supra, at 3. The court did not identify the common issues in the case; nor did it balance these common issues against the need to prove individual injury to determine which predominated. The court instead applied a strict test barring class treat ment when proof of each plaintiffâs injury is necessary.8 By contrast, the West Virginia Supreme Court in In re Rezulin adopted an all-things-considered, balancing inquiry in interpreting its Rule 23. Rejecting any ârigid test,â the state court opined that the predominance re quirement âcontemplates a review of many factors.â 214 W. Va., at 72, 585 S. E. 2d, at 72. Indeed, the court noted, a â âsingle common issueâ â in a case could outweigh â ânu merous . . . individual questions.â â Ibid. That meant, the court further explained (quoting what it termed the âlead ing treatiseâ on the subject), that even objections to certifi cation â âbased on . . . causation, or relianceâ ââwhich typi cally involve showings of individual injuryââ âwill not bar predominance satisfaction.â â Ibid. (quoting 2 A. Conte & H. Newberg, Newberg on Class Actions §4.26, p. 241 (4th ed. 2002)). So point for point, the analysis set out in In re Rezulin diverged from the District Courtâs interpretation of Federal Rule 23. A state court using the In re Rezulin standard would decide a different question than the one ââââââ 8 The District Courtâs approach to the predominance inquiry is consis tent with the approach employed by the Eighth Circuit. See In re St. Jude Medical, Inc., 522 F. 3d 836, 837â840 (2008) (holding that most commercial misrepresentation cases are âunsuitable for class treat mentâ because individual issues of reliance necessarily predominate). We express no opinion as to the correctness of this approach. 12 SMITH v. BAYER CORP. Opinion of the Court the federal court had earlier resolved.9 This case, indeed, is little more than a rerun of Chick Kam Choo. A federal court and a state court apply differ ent law. That means they decide distinct questions. The federal courtâs resolution of one issue does not preclude the state courtâs determination of another. It then goes with out saying that the federal court may not issue an injunc tion. The Anti-Injunction Actâs re-litigation exception does not extend nearly so far. B The injunction issued here runs into another basic premise of preclusion law: A courtâs judgment binds only the parties to a suit, subject to a handful of discrete and limited exceptions. See, e.g., 18A Wright & Miller §4449, at 330. The importance of this rule and the narrowness of its exceptions go hand in hand. We have repeatedly âem phasize[d] the fundamental nature of the general ruleâ that only parties can be bound by prior judgments; accord ingly, we have taken a âconstrained approach to nonparty preclusion.â Taylor v. Sturgell, 553 U. S. 880, 898 (2008). Against this backdrop, Bayer defends the decision below by arguing that Smithâan unnamed member of a pro ââââââ 9 Bayer argues that In re Rezulin does not preclude an injunction in this case because the West Virginia court there decided that common issues predominated over individual issues of damages, not over indi vidual issues of liability (as exist here). See Brief for Respondent 25â 26. We think Bayer is right about this distinction, but wrong about its consequence. Our point is not that In re Rezulin dictates the answer to the class certification question here; the two cases are indeed too dissimilar for that to be true. The point instead is that In re Rezulin articulated a general approach to the predominance requirement that differs markedly from the one the federal court used. Minor variations in the application of what is in essence the same legal standard do not defeat preclusion; but where, as here, the Stateâs courts âwould apply a significantly different . . . analysis,â Chick Kam Choo v. Exxon Corp., 486 U. S. 140, 149 (1988), the federal and state courts decide different issues. Cite as: 564 U. S. ____ (2011) 13 Opinion of the Court posed but uncertified classâqualifies as a party to the McCollins litigation. See Brief for Respondent 32â34. Alternatively, Bayer claims that the District Courtâs judgment binds Smith under the recognized exception to the rule against nonparty preclusion for members of class actions. See id., at 34â39. We think neither contention has merit. Bayerâs first claim ill-comports with any proper under standing of what a âpartyâ is. In general, â[a] âpartyâ to litigation is â[o]ne by or against whom a lawsuit is brought,â â United States ex rel. Eisenstein v. City of New York, 556 U. S. ___, ___ (2009) (slip op., at 4), or one who âbecome[s] a party by intervention, substitution, or third party practice,â Karcher v. May, 484 U. S. 72, 77 (1987). And we have further held that an unnamed member of a certified class may be âconsidered a âpartyâ for the [particu lar] purpos[e] of appealingâ an adverse judgment. Devlin v. Scardelletti, 536 U. S. 1, 7 (2002). But as the dissent in Devlin noted, no one in that case was âwilling to advance the novel and surely erroneous argument that a non named class member is a party to the class-action litiga tion before the class is certified.â Id., at 16, n. 1 (opinion of SCALIA, J.). Still less does that argument make sense once certification is denied. The definition of the term âpartyâ can on no account be stretched so far as to cover a person like Smith, whom the plaintiff in a lawsuit was denied leave to represent.10 If the judgment in the McCollins ââââââ 10 In support of its claim that Smith counts as a party, Bayer cites two cases in which we held that a putative member of an uncertified class may wait until after the court rules on the certification motion to file an individual claim or move to intervene in the suit. See Brief for Respon dent 32â33 (citing United Airlines, Inc. v. McDonald, 432 U. S. 385 (1977); American Pipe & Constr. Co. v. Utah, 414 U. S. 538 (1974)). But these cases, which were specifically grounded in policies of judicial administration, demonstrate only that a person not a party to a class suit may receive certain benefits (such as the tolling of a limitations period) related to that proceeding. See id., at 553; McDonald, 432 14 SMITH v. BAYER CORP. Opinion of the Court litigation can indeed bind Smith, it must do so under principles of nonparty preclusion. As Bayer notes, see Brief for Respondent 37, one such principle allows unnamed members of a class action to be bound, even though they are not parties to the suit. See Cooper v. Federal Reserve Bank of Richmond, 467 U. S. 867, 874 (1984) (â[U]nder elementary principles of prior adjudication a judgment in a properly entertained class action is binding on class members in any subsequent litigationâ); see also Taylor, 553 U. S., at 894 (stating that nonparties can be bound in âproperly conducted class actionsâ). But here Bayer faces a conundrum. If we know one thing about the McCollins suit, we know that it was not a class action. Indeed, the very ruling that Bayer argues ought to be given preclusive effect is the District Courtâs decision that a class could not properly be certi fied. So Bayer wants to bind Smith as a member of a class action (because it is only as such that a nonparty in Smithâs situation can be bound) to a determination that there could not be a class action. And if the logic of that position is not immediately transparent, here is Bayerâs attempt to clarify: â[U]ntil the moment when class certi fication was denied, the McCollins case was a properly conducted class action.â Brief for Respondent 37. That is true, according to Bayer, because McCollinsâ interests were aligned with the members of the class he proposed and he âact[ed] in a representative capacity when he sought class certification.â Id., at 36. But wishing does not make it so. McCollins sought class certification, but he failed to obtain that result. Because the District Court found that individual issues predomi ââââââ U. S., at 394, n. 15. That result is consistent with a commonplace of preclusion lawâthat nonparties sometimes may benefit from, even though they cannot be bound by, former litigation. See Parklane Ho siery Co. v. Shore, 439 U. S. 322, 326â333 (1979); Blonder-Tongue Laboratories, Inc. v. University of Ill. Foundation, 402 U. S. 313 (1971). Cite as: 564 U. S. ____ (2011) 15 Opinion of the Court nated, it held that the action did not satisfy Federal Rule 23âs requirements for class proceedings. In these circum stances, we cannot say that a properly conducted class action existed at any time in the litigation. Federal Rule 23 determines what is and is not a class action in federal court, where McCollins brought his suit. So in the absence of a certification under that Rule, the precondition for binding Smith was not met. Neither a proposed class action nor a rejected class action may bind nonparties. What does have this effect is a class action approved under Rule 23. But McCollinsâ lawsuit was never that. We made essentially these same points in Taylor v. Sturgell just a few Terms ago. The question there con cerned the propriety of binding nonparties under a theory of âvirtual representationâ based on âidentity of interests and some kind of relationship between parties and non parties.â 553 U. S., at 901. We rejected the theory unanimously, explaining that it âwould ârecogniz[e], in effect, a common-law kind of class action.â â Ibid. Such a device, we objected, would authorize preclusion âshorn of [Rule 23âs] procedural protections.â Ibid. Or as otherwise stated in the opinion: We could not allow âcircumvent[ion]â of Rule 23âs protections through a âvirtual representation doctrine that allowed courts to âcreate de facto class ac tions at will.â â Ibid. We could hardly have been more clear that a âproperly conducted class action,â with bind ing effect on nonparties, can come about in federal courts in just one wayâthrough the procedure set out in Rule 23. Bayer attempts to distinguish Taylor by noting that the party in the prior litigation there did not propose a class action. But we do not see why that difference matters. Yes, McCollins wished to represent a class, and made a motion to that effect. But it did not come to pass. To allow McCollinsâ suit to bind nonparties would be to adopt 16 SMITH v. BAYER CORP. Opinion of the Court the very theory Taylor rejected.11 Bayerâs strongest argument comes not from established principles of preclusion, but instead from policy concerns relating to use of the class action device. Bayer warns that under our approach class counsel can repeatedly try to certify the same class âby the simple expedient of changing the named plaintiff in the caption of the com plaint.â Brief for Respondent 47â48. And in this world of âserial relitigation of class certification,â Bayer contends, defendants âwould be forced in effect to buy litigation peace by settling.â Id., at 2, 12; see also In re Bridge stone/Firestone, Inc., Tires Prods. Liability Litigation, 333 F. 3d 763, 767 (CA7 2003) (objecting to an âan asym metric system in which class counsel can win but never loseâ because of their ability to relitigate the issue of certification). But this form of argument flies in the face of the rule against nonparty preclusion. That rule perforce leads to relitigation of many issues, as plaintiff after plaintiff after plaintiff (none precluded by the last judgment because none a party to the last suit) tries his hand at establishing some legal principle or obtaining some grant of relief. We confronted a similar policy concern in Taylor, which in volved litigation brought under the Freedom of Infor ââââââ 11 The great weight of scholarly authorityâfrom the Restatement of Judgments to the American Law Institute to Wright and Millerâ agrees that an uncertified class action cannot bind proposed class members. See Restatement (Second) of Judgments §41(1), p. 393 (1980) (A nonparty may be bound only when his interests are adequately represented by â[t]he representative of a class of persons similarly situated, designated as such with the approval of the courtâ); ALI, Principles of the Law Aggregate Litigation §2.11, Reportersâ Notes, cmt. b, p. 181 (2010) (â[N]one of [the exceptions to the rule against nonparty preclusion] extend generally to the situation of a would-be absent class member with respect to a denial of class certificationâ); 18A Wright & Miller §4455, at 457â458 (â[A]bsent certification there is no basis for precluding a nonpartyâ under the class-action exception). Cite as: 564 U. S. ____ (2011) 17 Opinion of the Court mation Act (FOIA). The Government there cautioned that unless we bound nonparties a â âpotentially limitlessâ â number of plaintiffs, perhaps coordinating with each other, could âmount a series of repetitive lawsuitsâ de manding the selfsame documents. 553 U. S., at 903. But we rejected this argument, even though the payoff in a single successful FOIA suitâdisclosure of documents to the publicâcould âtrum[p]â or âsubsum[e]â all prior losses, just as a single successful class certification motion could do. In re Bridgestone/Firestone, 333 F. 3d, at 766, 767. As that response suggests, our legal system generally relies on principles of stare decisis and comity among courts to mitigate the sometimes substantial costs of similar litiga tion brought by different plaintiffs. We have not thought that the right approach (except in the discrete categories of cases we have recognized) lies in binding nonparties to a judgment. And to the extent class actions raise special problems of relitigation, Congress has provided a remedy that does not involve departing from the usual rules of preclusion. In the Class Action Fairness Act of 2005 (CAFA), 28 U. S. C. §§1332(d), 1453 (2006 ed. and Supp. III), Congress enabled defendants to remove to federal court any sizable class action involving minimal diversity of citizenship. Once removal takes place, Federal Rule 23 governs certification. And federal courts may consolidate multiple overlapping suits against a single defendant in one court (as the Judi cial Panel on Multi-District Litigation did for the many actions involving Baycol). See §1407. Finally, we would expect federal courts to apply principles of comity to each otherâs class certification decisions when addressing a common dispute. See, e.g., Cortez Byrd Chips, Inc. v. Bill Harbert Constr. Co., 529 U. S. 193, 198 (2000) (citing Landis v. North American Co., 299 U. S. 248, 254 (1936)). CAFA may be cold comfort to Bayer with respect to suits like this one beginning before its enactment. But Con 18 SMITH v. BAYER CORP. Opinion of the Court gressâs decision to address the relitigation concerns associ ated with class actions through the mechanism of removal provides yet another reason for federal courts to adhere in this context to longstanding principles of preclusion.12 And once again, that is especially so when the federal court is deciding whether to go so far as to enjoin a state proceeding. * * * The Anti-Injunction Act prohibits the order the District Court entered here. The Actâs relitigation exception au thorizes injunctions only when a former federal adjudica tion clearly precludes a state-court decision. As we said more than 40 years ago, and have consistently maintained since that time, â[a]ny doubts . . . should be resolved in favor of permitting the state courts to proceed.â Atlantic Coast Line, 398 U. S., at 297. Under this approach, close cases have easy answers: The federal court should not issue an injunction, and the state court should decide the preclusion question. But this case does not even strike us as close. The issues in the federal and state lawsuits differed because the relevant legal standards differed. And the mere proposal of a class in the federal action could not bind persons who were not parties there. For these reasons, the judgment of the Court of Appeals is Reversed. ââââââ 12 By the same token, nothing in our holding today forecloses legisla tion to modify established principles of preclusion should Congress decide that CAFA does not sufficiently prevent relitigation of class certification motions. Nor does this opinion at all address the permis sibility of a change in the Federal Rules of Civil Procedure pertaining to this question. Cf. n. 7, supra (declining to reach Smithâs due process claim).
Case Information
- Court
- SCOTUS
- Decision Date
- June 16, 2011
- Status
- Precedential