Rule 23 'Preliminary' Requirement As Seen By 7th Circ.

Law360, New York (December 21, 2012, 11:09 AM EST) -- The disagreements have boiled over into the popular press between Judge Richard Posner of the United States District Court for the Seventh Circuit and those justices on the United States Supreme Court, particularly Justice Antonin Scalia, who are in the court's identifiable pro-business group. The dispute over closing the courts for administration of justice has become nasty. It has come down to name-calling in articles and speeches. There are no mere disagreements about a case result — this is a serious debate about the rules of the federal courts and the place of business and business corporations as protected entities. The choice of language is not decorous. The depth of philosophical and jurisprudential dispute has not happened in this country for some time. The reason it is so public is because the sides are seeking to influence the public and general legislative and policy readers, not just legal specialists. Indeed, the legal specialists have already seen the extent of the pushback in recent opinions from the Seventh Circuit under the leadership of Judge Posner....

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