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Case Detail


In re: Proposed Amendments to Rule 23 of the Federal Rules of Civil Procedure
Case Date:
2/16/2017
Project Name:
On February 16, 2017, WLF submitted formal comments to the Advisory Committee on Civil Rules in response to the Committee’s preliminary draft of proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which governs class actions. WLF’s comments offered suggestions for improving the Committee’s proposed amendments to address three particular problems with modern federal class actions: cy pres awards, unascertainable classes, and inequitable treatment of parties seeking interlocutory review of class-certification decisions. Among other things, WLF reminded the Committee that federal law does not authorize giving relief to those who were not injured by the defendant’s wrongful conduct, and the Rules Enabling Act does not permit federal procedural rules to alter the substantive rights of parties in litigation.
Case Status:
Awaiting Committee action.
More Information and Downloads:
2/16/2017: Download the Comments