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The class action counterreformation.(The Civil Trial: Adaptation and Alternatives)
- Article from:
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Stanford Law Review
- Article date:
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April 1, 2005
- Author:
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Copyright informationCOPYRIGHT 2005 Stanford Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION: REFORM VERSUS COUNTERREFORMATION
I. THE AMERICAN COURTS' CONTRASTING ATTITUDES TOWARD
"CLASSIC" CLASS ACTIONS
II. MASS WITHOUT CLASS: EXISTING JOINDER ALTERNATIVES UNDER THE
FEDERAL RULES
A. Rule 20: Permissive Joinder
1. General standards for Rule 20 favor joinder
2. Courts have reached divergent conclusions on application of
Rule 20's "transaction" requirement
B. Rule 22: Interpleader
C. Rule 42: Consolidation/Severance for Common Questions Trials
III. CLASS NOUVEAU: EMERGING VARIATIONS ON THE CLASS ACTIONS
THEME
A. Rule 23(c)(4)(A): "Issues Classes "
B. Classwide Punitive Damages Determinations
C. The New and Implied Preference ...
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