LCJ Class Action Subcommittee Set to Meet on Friday - Join The Call!!
Jun 27, 2012

  The second meeting of LCJ’s new “FRCP 23 Class Actions” Subcommittee took place on Friday, June 15th. This subcommittee was formed to improve Rule 23’s provisions on standards and guidelines for class-actions.
      It is important to fully staff this new LCJ Subcommittee because a new Rule 23 subcommittee of the Civil Procedural Rules Advisory Committee was recently formed and reported at the CPRAC March meeting, but includes no defense oriented members.
      The new Rule 23 CPRAC Subcommittee is Chaired by Judge Michael Mosman (USDC OR) and the only other members are Dean Robert Klonoff (Lewis & Clark Law OR) and Elizabeth Cabraser (Plaintiff C/A lawyer SF, CA).
     Judge Mosman proposed beginning inquiry into 5 areas: 1) merits scrutiny, 2) settlement classes, 3) issue classes, 4) settlement review, and (b)(2) monetary relief. It is likely that at least a miniconference will be convened to explore these issues within the next year.      
      At the same time, Congress is also taking a closer look at class actions. The House Judiciary Committee’s Subcommittee on the Constitution conducted a hearing on “Class Action Seven Years After the Class Action Fairness Act” on June 1, 2012.
    Witnesses who testified at the hearing included scholar and author Martin  H. Redish; Thomas M. Sobol, Hagens Berman Sobol Shapiro LLP; and John H. Beisner, Skadden Arps.
    In past years, LCJ engaged directly with federal rule makers to reform Rule 23’s application to mass tort and complex cases by permitting permissive interlocutory appeals of certification decisions.
     We encourage you to participate in this subcommittee and look forward to working with you to advocate meaningful rule reform. LCJ will want to supply the defense and corporate position on the issues the Rules Committee will study. So, if you have any views on the issues outlined by Judge Mosman – OR ANY OTHER RULE 23 ISSUES – please let us know.
     If you are interested in participating on the new subcommittee or commenting on issues outlined by Judge Mosman, please email Rachel Kolokoff at, if you have not done so already.
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