Adams v. Robertson, 520 U.S. 83, 4 (1997) (per curiam)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  Next

86

ADAMS v. ROBERTSON

Per Curiam

class pursuant to provisions of the Alabama Rules of Civil Procedure that do not give class members the right to exclude themselves from a class. See 676 So. 2d 1265, 1268, 1270 (Ala. 1995); App. 90. The trial court then approved a settlement agreement that precluded class members from individually suing Liberty National for fraud based on its insurance policy exchange program. See 676 So. 2d, at 1270-1271; App. 158-159.

Petitioners, who had objected to the settlement in the trial court, appealed. The Alabama Supreme Court affirmed in an opinion addressing only state-law issues, see 676 So. 2d, at 1270-1274, and petitioners sought a writ of certiorari. We granted certiorari, 518 U. S. 1056 (1996), on the question whether the certification and settlement of this class-action suit (which petitioners characterize as primarily involving claims for monetary relief) violated the Due Process Clause of the Fourteenth Amendment because the class members were not afforded the right to opt out of the class or the settlement.

II

With "very rare exceptions," Yee v. Escondido, 503 U. S. 519, 533 (1992), we have adhered to the rule in reviewing state-court judgments under 28 U. S. C. § 1257 that we will not consider a petitioner's federal claim unless it was either addressed by or properly presented to the state court that rendered the decision we have been asked to review. See Heath v. Alabama, 474 U. S. 82, 87 (1985); Illinois v. Gates, 462 U. S. 213, 217-219 (1983); McGoldrick v. Compagnie Generale Transatlantique, 309 U. S. 430, 434 (1940). As petitioners concede here, the Alabama Supreme Court did not expressly address the question on which we granted certiorari. See Reply Brief for Petitioners 2-3, n. 1.

Nor have petitioners met their burden of showing that the issue was properly presented to that court. When the highest state court is silent on a federal question before us, we assume that the issue was not properly presented, Board of

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: October 4, 2007