Amazon letter supporting the class action superiority amendment to FRCP 23(b)(3)

Amazon’s letter urges the Advisory Committee on Civil Rules to consider amending Rule 23(b)(3) to clarify that trial courts have discretion to consider out-of-court remedies and government settlements when evaluating whether class treatment is “superior” under Rule 23. The letter argues that in the absence of an amendment, Rule 23 now discourages corporate voluntary remediation, reduces consumer compensation, and wastes judicial resources. The letter supports LCJ’s proposed amendment on class action superiority, included in a Rules Suggestion to the Advisory Committee, on September 2, 2022. Click here to read the letter.