Back to the drawing board: the settlement class action and the limits of Rule 23
Article Abstract:
Certification of settlement classes violates the "as soon as practicable" requirement for class certification under Rule 23(c)(1) of the Federal Rules of Civil Procedure, but the value of settlement classes to the administration of class actions suggests that Rule 23 be amended to allow settlement classes. The US Court of Appeals for the Third Circuit incorrectly approved the settlement class proposed by In re General Motors Corp. Pick-Up Truck Fuel Tank Products Liability Litigation. The court failed to consider that the delay in certification implicit in the settlement class action was a violation of Rule 23(c)(1).
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Civil procedure - class actions - Third Circuit prohibits taking settlements into account when deciding whether to certify settlement classes. - Georgine v. Amchem Products, Inc
Article Abstract:
The US Court of Appeals for the Third Circuit misinterpreted Rule 23(b)(3) of the Federal Rules of Civil Procedure in overturning the trial court's granting of class action certification in anticipation of settlement. The Third Circuit ruled that the existence of a settlement should be ignored when considering a certification motion. Rule 23(b)(3) appears to suggest that a broader range of factors may be considered by trial courts. The Third Circuit's mechanistic application of the law is contrary to policies that favor settlement to conserve judicial resources.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Matsushita and beyond: the role of state courts in class actions involving exclusive federal claims. Guidance from the Third Circuit's recent approval of the use of settlement classes: In re General Motors Corp. Pick-up Truck Fuel Tank Products Liability Litigation 55 F.3d 768 (3d Cir. 1995)
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