Commentary and analysis of two pending cases on the Supreme Court's 2012-13 docket, Amgen v. Connecticut Retirement Plans and Trust Funds, and Comcast Corp. v. Behrend. Both cases present the Court with unanswered questions concerning class certification procedure and present the Court with...

Commentary and analysis of the Supreme Court's January 14, 2014 decision in Mississippi ex rel. Hood v. AU Optronics, in which the Court held that this Mississippi state parens patriae consumer action did not constitute a “mass action” removable to federal court under the Class Action...

Commentary and analysis of the Supreme Court's opportunity to grant certiorari review in Amchem Prods. Inc. v. Windsor, to decide issues relating to settlement classes in the underlying Georgine nationwide asbestos futures settlement class. The article places the Georgine settlement in the...

Commentary and analysis of the Supreme Court decision in Ortiz v. Fibreboard Corp., and reversing two decisions from the Fifth Circuit Court of Appeals. In Ortiz, a 7-2 decision, the Court reversed the Fifth Circuit's affirmation of a Rule 23(b)(1)(B) mandatory global settlement of asbestos...

During the 2015-16 term the Court continued its recent, robust interest in class action litigation, granting review in four class action appeals. This article analyzes the Court's decisions in Tyson Foods, Inc. v. Bouaphakeo, Campbell-Ewald Co. v. Gomez, DIRECTV, Inc. v. Imbrugia, and Spokeo v....

Commentary and analysis of the Report of the Working Group on Mass Torts of the Advisory Committee on Civil Rules, issued February 15, 1999. The Report includes three studies from the Federal Judicial Center, as well as potential solutions for consideration. The various appendices to the Report...