In Re Federal Skywalk Cases. In Re Melanie Hanson Johnson and Gerard Stanley Johnson, in Re Federal Skywalk Cases. In Re Jacqueline N. Rau

The majority decision is very narrow, holding that the mandatory class action certified by the court below violates the Anti-Injunction Act. It is clear, as the majority recognizes, that the Act would not be contravened by an opt-out class action. On remand, the district court should consider whether such an opt-out class is appropriate.

I dissent, nonetheless, because I believe that the district court’s mandatory class action, if slightly modified, would be proper. We should modify the district court’s order by permitting punitive damage claims to be settled and by providing that the…