Adequacy Challenges: Standing Strong

Law360, New York (February 27, 2012, 1:38 PM EST) -- In In re Aqua Dots Prods. Liab. Litig., 270 F.R.D. 377 (N.D. Ill. 2010), the district court denied class certification of claims arising out of alleged product defects because resolution by class litigation would not be “superior” to the defendant’s established and available product refund program as required by Federal Rule of Civil Procedure 23(b)(3).

The district court followed a policy-based rationale in applying the “superiority” requirement — in its view, the rationale of economical dispute resolution underlying Rule 23 was better served by a cost-effective...
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