PRACTITIONER BLOG
Read our analyses of developments in Impact Litigation and stay current on class action law
Mr. T and Rule 23: How Not to File a Class Action Against Facebook
A set of recently filed class actions against three big social media platforms are getting a lot of press and, of course, caught our eye. Constitutional scholars have already had lots to say about the legal theory in those cases but, as we said, we’re all about complex civil procedure – so we asked, “can these class actions fly?” We thought these new cases might offer some teachable moments for would-be class action lawyers who may be thinking they are ready to run the gauntlet of Federal Rule of Civil Procedure 23, the rule that governs class actions in federal court.
Amendments to Class Action Rule 23 Now in Effect: Objectors Beware!
The amendments to the to the federal class action rule were set to take effect December 1, 2018 subject to Congressional action – rejection, modification, or deferment. That deadline passed without the legislature’s response. As a result, these proposed are now in effect, marking the first substantive update to Rule 23 in fifteen years.
Civil Rules Committee Takes On Serial Objectors with Proposed Rule 23 Changes
For 18 months, we have been tracking the work of the Advisory Committee on Civil Rules, and specifically its Rule 23 subcommittee, which has been evaluating a range of proposals to amend the federal class action rule. That work was recently completed and the Committee will soon set a schedule for public comment on a series of draft amendments.
The good news is that the Rule 23 proposals are modest and are not likely to trigger significant opposition like the firestorm that accompanied the discovery rule changes.