Time For The Supreme Court To Weigh In On Rule 23?
October 5, 2010, 2:34 PM EDT
Law360, New York (October 5, 2010, 2:34 PM EDT) -- That the circuits are unsettled as to the appropriate demonstration of proof required to be shown by the proponent of Rule 23 class certification cannot be in doubt. Also divergent are their explanations of what review of the elements of Rule 23 is required of a district court judge.
Whether the unsettled guidance to practitioners and the district courts amounts to the natural fluxes in states of law at a time of development, a debate the U.S. Supreme Court generally does not enter, or a true...