Complex litigation; punitive damages class

Article Abstract:

The split between federal courts on the issue of certifying a punitive damages class, either for a determination of liability for punitive damages or for an actual classwide determination of the damages, is discussed. In several seminal mass tort cases, federal courts have generally rejected punitive damages classes.

Cases, Federal courts, Exemplary damages, Powers and duties, Punitive damages

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Complex litigation; defendant classes

Article Abstract:

Federal Rule of Civil Procedure 23(b)(2)'s possibility of certifying defendant class actions in addition to the more popular plaintiff classes is discussed. This is the injunctive and declaratory relief class, although federal courts disagree on whether this provision can certify defendant classses.

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Complex litigation; certification burdens

Article Abstract:

The vagueness of Federal Rule of Civil Procedure 23, which deals with class action certification, is discussed. A crucial element of the rule is that class action proponents must set forth an "identifiable class." The Texas Supreme Court's reversal of a class certification because the proposed class definition created a fail-safe class and was thereefore untenable is discussed in some detail.

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