Rule 23(c)(4) has been been placed under a microscope in the past few years, largely because of the judicial response to the Supreme Court’s Comcast Corp. v. Behrend opinion, and the Rules Advisory Committee’s subsequent consideration of possible amendments to the Rule.
In the course of that attention, two articles have come out
The Advisory Committee should clarify the role of issue certification, by reinforcing that issue certification is only appropriate when a class is otherwise certifiable under Rule 23.
One of the Advisory Committee’s “front burner” issues is whether to clarify Rule 23(c)(4), establishing either that it (1) only applies when the rest of Rule 23 has
Since Judge Posner’s opinion in McReynolds v. Merrill Lynch almost two years ago, the issue of issue certification has been enjoying a renaissance. The latest entry in the discussion of how to look at issue certification comes from defense lawyer (and Georgetown adjunct law professor) Mark Perry, in his article Issue Certification under Rule
We’re in the middle of the holiday season, and that means that folks are making (or, for those who celebrate Hannukkah, checking off) their wish lists. This October, the Chamber of Commerce’s Institute for Legal Reform compiled one of their own in their report A Roadmap for Reform: Lessons from Eight Years of the
In the wake of Wal-Mart Stores v. Dukes, Judge Posner certified a class of African-American brokers who claimed racial discrimination solely for the purpose of determining whether a pair of compensation policies were discriminatory. Since the publication of that opinion–McReynolds v. Merrill Lynch–the topic of how to deal with the possibility of
After Dukes, many commentators bemoaned that the class action was dead. At the very least, many argued (as did some last week at DePaul Law School’s Symposium on Class Action Rollback) that the Title VII class action is likely on its last legs.
If so, no one told the plaintiffs’ counsel prosecuting