Dan Epps

If you're in state court, you don't file your complaint and then file this later on.

It's like, you've got to do this at the same time.

Right, it's like a required part of your complaint, effectively.

A required attachment to your complaint.

Well, yeah, it's not part of the complaint.

Like, I think they have to be filed physically separately.

And now in a very short opinion – Which was about whether a state law that said this kind of claim cannot be brought as a class action, whether that was a procedural rule that – or a substantive rule that would override the federal rules of civil procedure, Rule 23, allowing class action.

Which the court had kind of already said, but I think just the court says a lot of this with much more of a... So you'd have to, in that situation, I guess you'd have to make a strong showing that the Rules Enabling Act in that application was unconstitutional.

Yes, I guess so.

Isn't Steve Sachs like running the committee?

I think that's the appellate rules committee.

Okay.

Okay.

We're safe then.

No, he's too principled to do that.

But I think if I were, if I were on the committee, who knows, who knows what I'd do.

Yeah, not quite as short.

It's 11 pages, but pretty short.

We've got three short majority opinions today.

Yeah.