TITLE

Identity Crisis: Class Certification, Aggregate Proof, and How Rule 23 May Be Self-Defeating the Policy for Which It Was Established

AUTHOR(S)
Whitbeck, J. Britton
PUB. DATE
March 2012
SOURCE
Pace Law Review;Mar2012, Vol. 32 Issue 2, p488
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses American class action lawsuits and class certification under Rule 23 of the U.S. Federal Rules of Civil Procedure as of March 2012, focusing on the role of aggregate proof in the certification of classes. A historical overview of class action litigation is presented, including information on the existence of a form of group litigation in the English common law in the Middle Ages. The U.S. Supreme Court case Eisen v. Carlise & Jacquelin deals with a question regarding the need for a preliminary inquiry into the merits of a class action lawsuit.
ACCESSION #
82241020

 

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