The New Class Action Rule: Procedural Reforms in an Ethical Vacuum

From: The Georgetown Journal of Legal Ethics | Date: July 1, 2005| Author: | Copyright information

I. INTRODUCTION

The Washington Post has editorialized that "[n]o portion of the American civil justice system is more of a mess than the world of class actions"1-a sentiment shared by many judges,2 academics,3 politicians,4 and ordinary Americans.5 With the need for reform evident, the Advisory Committee on Civil Rules, in May of 2002, recommended the approval of proposed amendments to Rule 23, the Federal Rule of Civil Procedure regulating class action lawsuits.6 The amendments, the first major changes to the class action rule since 1966,7 came into effect on December 1, 2003.8

The class ...

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