Ten Cases to Educate You

Further Reading:

  • Edward F. Sherman, "Abandoned Claims" in Class Actions: Implications for Preclusion and Adequacy of Counsel, 79 Geo. Wash. L. Rev. 483, 503 (2011). 
  • Andrea Joy Parker, Dare to Compare: Determining What "Other Available Methods" Can Be Considered Under Federal Rule 23(b)(3)’s Superiority Requirement, 44 Ga. L. Rev. 581 (2010).
  • D. Bruce Hofferman, To Certify or Not: A Model Proposal for Evaluating the "Superiority" of a Class Action in the Presence of Government Enforcement, 18 Geo. J. Legal Ethics 1383 (2005).

Questions to Consider:

  • Judge Easterbrook authored both In re Aqua Dots and In re Bridgestone/Firestone, Inc.: is it possible to reconcile the two opinions?
  • What forms of adjudication are superior to class actions? Are there consistent principles for finding them so?
  • How do the four factors under Rule 23(b)(3) play into the typical superiority analysis?
  • Several judges and scholars have begun making arguments that imply that there may be a larger overlap between superiority and adequacy than previously thought. What can defense counsel make of these analyses?