This article is Part I 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”). According to the Subcommittee, these “conceptual sketches” “are not intended as initial drafts of actual rule change proposals, and should not be taken as such,” but yet “[t]he time has come for moving beyond purely topical discussion.” The Subcommittee, formed in 2011, announced a mini-conference to be held in September 2015, at which time it hopes to present the language of proposed amendments. Given that changes may be proposed this fall, and may be in effect as early as 2018, now is an important time to understand the changes being proposed and their potential effects.
Potential Changes to Rule 23 and Class Actions: Settlement Approval and Class Certification
July 21, 2015