Class actions - class certification of mass torts - Seventh Circuit overturns Rule 23(b)(3) certification of a plaintiff class of hemophiliacs. - In re Rhone-Poulenc Rorer, Inc., 51 F.3d 1293 (7th Cir.), cert. denied, 116 S. Ct. 184 (1995)

Article Abstract:

The granting of mandamus relief and overturning of the trial court's class certification in In re Rhone-Poulenc Rorer, Inc. by the US Court of Appeals for the Seventh Circuit demonstrates a disregard for Rule 23 of the Federal Rules of Civil Procedure. The Court undermined the policies of Rule 23 in favoring multiple decentralized actions over the class action at issue. If the threat of strike suits was what motivated this decision, the court should have informed the trial court of means such as summary judgment and scrutiny of attorneys fees that can effectively curb frivolous claims.

United States, Class actions (Civil procedure), Class action lawsuits, Laws, regulations and rules, Mass tort suits

---

Constitutional law - sustantive due process - Fifth Circuit rejects s. 1983 "state-created danger" claim of plaintiff shot by an undercover informant using a gun on "loan" from a city police officer

Article Abstract:

In the case of McClendon v. City of Columbia, the US Court of Appeals for the 5th Circuit ruled on the complaint of a plaintiff who was shot with a gun given by a police officer to an informant. The Court ruled that the plaintiff had not stated a claim under the "state-created danger" doctrine. The doctrine states that, while it is not a denial of due process for states to fail to protect a person from physical harm, such a denial may have occured if state action increased the danger to the injured person.

Due Process, Personal injuries, Due process of law, Case Note

---

Developments in the law - the law of marriage and family

Article Abstract:

Development in the law of marriage and family in both the United States and international contexts are reviewed.? Among the issues covered are same-sex marriage, reproductive technologies, prenuptial agreements, and family courts.

Juvenile & Family Law, Surveys, Family law, Marriage law

Similar abstracts:

• Abstracts: Constitutional law - due process, right to privacy and free exercise - First Circuit denies parents a constitutional right to prevent children from receiving school-sponsored AIDS education. - Brown v. Hot, Sexy & Safer Productions, Inc., 68 F.3d 525 (1st Cir. 1995), cert. denied, 116 S. Ct. 1044 (1996)
• Abstracts: Civil rights - availability of s. 1983 - Ninth Circuit holds that s. 1983 is available to enforce Title IV-D of the Social Security Act. - Freestone v. Cowan, 68 F.3d 1141 (9th Cir. 1995)

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.