Managing class action litigation: a pocket guide for judges (Perfect)

Cover Art for 9781234057459, Managing class action litigation: a pocket guide for judges (Perfect) by U S Government, United States Fish Commission
ISBN: 9781234057459
Publisher: Books LLC
Published: 13 January, 2013
Format: Paperback
Language: English
Editions:
39 other editions of this product

Original publisher: Washington, DC (One Columbus Circle, N.E., Washington 20002-8003): Federal Judicial Center, 2010. OCLC Number: (OCoLC)701229007 Subject: Class actions (Civil procedure) -- United States -- Handbooks, manuals, etc. Excerpt: ...Class Action Pocket Guide ( 3d ed. ) III. Timing and Signi cance of Class Certi cation A. Timing The 2003 amendments to Rule 23 ( c ) ( 1 ) give you exibility by al-lowing you to consider class certi cation " at an early practicable time. " Considering this rule, you should feel free to ignore local rules calling for speci c time limits; such local rules appear to be inconsistent with the federal rules and, as such, obsolete. See MCL 4th 21.133. The amended rule allows you to rule on motions to dismiss or for summary judgment before ruling on class certi ca-tion. B. Class certi cation Given the exibility in the rules, the most ef cient practice is to rule on motions to dismiss or for summary judgment before ad-dressing class certi cation. Determining whether a proposed class meets Rule 23 certi -cation requirements demands a rigorous analysis. You have dis-cretion to decide on both the extent of discovery and whether or not to hold a hearing to determine whether the requirements have been met. You need to make factual and legal determinations with respect to the requirements of Rule 23. Ruling on class certi cation may prove to be unnecessary. The most important actions you can take to promote settlement are to rule on dispositive motions and then, if necessary, rule on class certi cation. If the parties decide to talk about settlement before you make any ruling on class certi cation, they may urge you to certify a class for settlement purposes only - a settlement class - as opposed to certifying a litigation class for a possible trial. See section IV.C. 8 below; see also MCL 4th 21.131 -. 132. C. De ning the class De ning the class is of critical importance because it identi es the persons ( 1 ...

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