This article is Part II of a three-part series covering six “conceptual sketches” of possible amendments to Federal Rule of Civil Procedure 23, recently offered by the Rule 23 Subcommittee of the Civil Rules Advisory Committee on the Federal Rules of Civil Procedure (“Subcommittee”). As set forth in Part I of this series, these “conceptual sketches” “are not intended as initial drafts of actual rule change proposals, and should not be taken as such,” but the Subcommittee has determined that “[t]he time has come for moving beyond purely topical discussion.” The Subcommittee is scheduled to hold a mini-conference in September 2015, at which time it hopes to present proposed amendments. Those proposals, if adopted, may be in effect as early as 2018, so it is important to understand the potential effects of the conceptual sketches as possible precursors to the anticipated Rule change proposals.
Association of Corporate Counsel
Potential Changes to Rule 23 and Class Actions: Cy Pres and Objectors
August, 27, 2015