In 2002, the U.S. Supreme Court ruled in Devlin v. Scardelletti that objecting class members could appeal a federal district court’s approval of a class settlement without first intervening in the litigation. Public interest lawyer Brian Wolfman says the ruling was a victory for both objectors and the integrity of class action procedure: Objectors, he argues, help keep fairness hearings fair. But a number of courts are now ruling that Devlin only applies to non-opt-out class actions, rather than the much more numerous ones that give class members opt-out rights. In this article, Wolfman details the exact wording of the Supreme Court decision and asserts that the high court clearly did not limit the application of Devlin
For the past ten terms the Supreme Court has increased its focus on the law of class actions. In doi...
In Bristol-Myers Squibb Co. v. Superior Court of California, the Supreme Court held that, in a coord...
The Seventh Circuit harbors a known distrust for class actions, particularly those adjudicated on th...
In 2002, the U.S. Supreme Court ruled in Devlin v. Scardelletti that objecting class members could a...
Class action litigation seeks to mediate pressing conflicts between individual autonomy and collecti...
In recent years, class members have been afforded delayed, or back-end, opportunities to opt out o...
For a wide variety of claims against the government, the federal courthouse doors are closed to all ...
Problems of appellate jurisdiction are, by their nature, mainly pragmatic problems. The U.S. Circuit...
In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigatio...
This Article addresses the ability of members who have opted out of a class action to assert offensi...
This year marks the fiftieth anniversary of the adoption of Federal Rule of Civil Procedure Rule 23,...
The idea for this article came from the author\u27s representation of a national non-profit consumer...
(Excerpt) This Article proposes changes in the way courts evaluate objections and the persons who br...
In 1966, the Supreme Court promulgated an amended rule 23 of the Federal Rules of Civil Procedure, r...
The article discusses the rights of unnamed class members in class actions and shareholders in corpo...
For the past ten terms the Supreme Court has increased its focus on the law of class actions. In doi...
In Bristol-Myers Squibb Co. v. Superior Court of California, the Supreme Court held that, in a coord...
The Seventh Circuit harbors a known distrust for class actions, particularly those adjudicated on th...
In 2002, the U.S. Supreme Court ruled in Devlin v. Scardelletti that objecting class members could a...
Class action litigation seeks to mediate pressing conflicts between individual autonomy and collecti...
In recent years, class members have been afforded delayed, or back-end, opportunities to opt out o...
For a wide variety of claims against the government, the federal courthouse doors are closed to all ...
Problems of appellate jurisdiction are, by their nature, mainly pragmatic problems. The U.S. Circuit...
In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigatio...
This Article addresses the ability of members who have opted out of a class action to assert offensi...
This year marks the fiftieth anniversary of the adoption of Federal Rule of Civil Procedure Rule 23,...
The idea for this article came from the author\u27s representation of a national non-profit consumer...
(Excerpt) This Article proposes changes in the way courts evaluate objections and the persons who br...
In 1966, the Supreme Court promulgated an amended rule 23 of the Federal Rules of Civil Procedure, r...
The article discusses the rights of unnamed class members in class actions and shareholders in corpo...
For the past ten terms the Supreme Court has increased its focus on the law of class actions. In doi...
In Bristol-Myers Squibb Co. v. Superior Court of California, the Supreme Court held that, in a coord...
The Seventh Circuit harbors a known distrust for class actions, particularly those adjudicated on th...