Conference: Civil Justice and the Litigation Process: Do the Merits and the Search for Truth Matter Anymore? Panel One: Class Action Litigation

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Conference: Civil Justice and the Litigation Process: Do the Merits and the Search for Truth Matter Anymore? Panel One: Class Action Litigation
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Conference: Civil Justice and the Litigation Process: Do the Merits and the Search for Truth Matter Anymore?  Panel One: Class Action Litigation

Hon. Patrick Higginbotham

41 N. Y. L. Sch. L. Rev. 343 (1997).

    There is a view that, when looking at class actions, it is important to realize the limits of rules.  Rule changes cannot solve the large problems of class action litigation.  Much of these problems are not the product of rules, but rather of a complex interaction of events.  

    The approach of the Advisory Committee on Civil Rules in dealing with these problems has been to reach out to meet with plaintiffs’ lawyers and with defense lawyers, to listen to the debate and try to learn as much as possible.  As a result of these meetings, the Advisory Committee has come forward with a number of proposals for reform, including the provision of a right of appeal for the party that loses the class certification decision, and shifting away from the rules which urge judges to certify early and quickly.

Keywords: class action litigation, Bates v. State Bar of Arizona, Advisory Committee on Civil Rules, mass tort class actions, class certification, mandamus, law of class action, settlement classes, antitrust, securities, discrimination.

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