By Fred Isquith (November 27, 2018, 10:31 AM EST) -- Many words have already been said and written regarding the Oct. 15, 2018, opinion of the United States Court of Appeals for the First Circuit in In re Asacol Antitrust Litigation. Much of the commentary has interpreted the opinion expansively. In our view much commentary has been well beyond the borders of the controversy before the court. Some have predicted the end of the Rule 23 class action process. While there is much of interest in the opinion of the First Circuit panel, this author thinks that early comments overstated the court's concerns and views. While there is language of the Rule 23 ruling that if applied to areas other than to these particular issues and facts would modify well-established paths in Rule 23 considerations, that is doubtless not the intention of the court. The reason is that both the starting framework of the dispute and the market economics are not generally encountered elsewhere....
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