Add to ORKGThis Article addresses the peculiarities of issue preclusion in class action certification, particularly after the approval of the American Law Institute’s Principles of the Law of Aggregate Litigation in 2010 and the U.S. Supreme Court decision in Smith v. Bayer Corp. in 2011. After discussing the reasons why orders that deny class certification cannot have issue preclusive effect, this Article analyzes proposals to address the problem
This article will explore the Federal Rules of Civil Procedure and their application in the granting...
The 1966 amendment of Rule 23 provided plaintiffs with an extremely powerful procedural device. Sinc...
This brief article makes the case for enhanced judicial scrutiny of summary judgment motions prior t...
This Article addresses the peculiarities of issue preclusion in class action certification, particul...
Despite the intense focus that courts and commentators have trained upon class litigation for the la...
As government budgets shrink each year, enforcement responsibilities in products liability, consumer...
In September 2010, the Supreme Court granted certiorari in the controversial Baycol litigation. The ...
The modern class action is a litigation superstar. The device’s potential for opening the courthouse...
While the purposes of class actions are easy to comprehend, the actual application and requirements ...
Rule 23 of the Federal Rules of Civil Procedure is home to the class action device. It is well-docum...
The phenomenon of multiple attempts at class certification -- when class counsel file the same putat...
I. Introduction II. The Constitutional Shift in Class Certification ... A. BP’s Gulf Oil Spill Muddi...
This Article traces the development of class certification by several circuit courts to embrace meri...
An ever-increasing number of courts and commentators have advocated a simple solution to the seeming...
In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigatio...
This article will explore the Federal Rules of Civil Procedure and their application in the granting...
The 1966 amendment of Rule 23 provided plaintiffs with an extremely powerful procedural device. Sinc...
This brief article makes the case for enhanced judicial scrutiny of summary judgment motions prior t...
This Article addresses the peculiarities of issue preclusion in class action certification, particul...
Despite the intense focus that courts and commentators have trained upon class litigation for the la...
As government budgets shrink each year, enforcement responsibilities in products liability, consumer...
In September 2010, the Supreme Court granted certiorari in the controversial Baycol litigation. The ...
The modern class action is a litigation superstar. The device’s potential for opening the courthouse...
While the purposes of class actions are easy to comprehend, the actual application and requirements ...
Rule 23 of the Federal Rules of Civil Procedure is home to the class action device. It is well-docum...
The phenomenon of multiple attempts at class certification -- when class counsel file the same putat...
I. Introduction II. The Constitutional Shift in Class Certification ... A. BP’s Gulf Oil Spill Muddi...
This Article traces the development of class certification by several circuit courts to embrace meri...
An ever-increasing number of courts and commentators have advocated a simple solution to the seeming...
In this Article, Professor Monaghan addresses an issue of pressing concern in class action litigatio...
This article will explore the Federal Rules of Civil Procedure and their application in the granting...
The 1966 amendment of Rule 23 provided plaintiffs with an extremely powerful procedural device. Sinc...
This brief article makes the case for enhanced judicial scrutiny of summary judgment motions prior t...