This week, the Eleventh Circuit denied a motion for an en banc rehearing of its July decision to reverse the dismissal of a class action brought in the Northern District of Alabama.

The decision in July was premised on the Supreme Court’s decision in Shady Grove Orthopedic Associates PA v. Allstate Insurance Co., in which the majority found that Rule 23 allows class actions to proceed in federal court even when state laws restrict them.

The case before the Eleventh Circuit involves alleged violations of the Alabama Deceptive Trade Practices Act.  As the Eleventh Circuit noted, “[i]f this case were pending in an Alabama state court, the statute would preclude presentation of the ADTPA claims in a private class action.”  But, as the Eleventh Circuit held, “the case is in federal court. Federal Rule of Civil Procedure 23 allows class actions and makes no exception for cases of this kind.”