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« Recent class arbitration and CLRA opinion: Flores v. West Covina Auto Group | Main | Supreme Court grants review in class certification/employment case: Ayala v. Antelope Valley Newspapers, Inc. »

Friday, February 01, 2013


Leslie Miller

If the cases were wrongly decided, why didn't the Supreme Court grant review?

Kimberly A. Kralowec

The Supreme Court is not an error-correction tribunal. Its job is to resolve conflicts among lower courts and to decide important issues of widespread interest. Here, depublishing eliminated the conflict created by the incorrect decisions. Also, the Court decided the Brinker case relatively recently, and observations of the Court's activities over the years suggest that it does not usually take up other cases raising identical questions so quickly after handing down an opinion. Sometimes the Court waits to take up an issue until it has had more time to percolate in the lower courts. These are all educated guesses about why the Court decided to depublish rather than granting review.

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