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Greiner Civil Procedure Version 02
Resource 22 . 5
20 minutes

Phillips Petroleum Co. v. Shutts

Jim Greiner

This case addresses two questions:

1) Are there procedural due process concerns with the class action device vis-a-vis the unnamed plaintiffs, who face the prospect of having their claims adjudicated (and thus extinguished) in a proceeding in which they exercised little, if any, control?

2) Are there constitutional limits on horizontal choice of law?  For example, could a state court choose to apply its own state's law to transactions bearing little, if any, connection to that state?

Supreme Court of the United States
472 U.S. 797, 86 L. Ed. 2d 628, 105 S. Ct. 2965, SCDB 1984-143, 1985 U.S. LEXIS 104
No. 84-233
1985-06-26

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