Rule 23 and Modern Class Action 1938

Rule 23 and Modern Class Action 1938
Rule 23 and Modern Class Action 1938

Rule 23 and Modern Class Action 1938

As Professor Yeazell has demonstrated, current Federal Rule 23 has a long history, but it is still a work in progress. Professor Rowe has described one of its “origins,” the aptly called “Bill of Peace.” My assignment is to look at the original form of Rule 23 as it appeared in the 1938 Federal Rules. That version of Rule 23 was in existence until 1966, when it was amended as part of a broad revision of the Federal Rules.

What are the Class Certification Requirements Under Federal Rule of Civil Procedure 23? In a class action lawsuit, an attorney representing a named class of people sues on behalf of other people who may be harmed by the outcome of the case.

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