(U.S., filed May 12, 2017): Arguing that Rule 23 (b)(3) authorizes class certification only where there is a practical method for class-wide adjudication that is consistent with due process and the “ascertainability” requirement flows directly from, and is compelled by, Rule 23 (b)(3). Also arguing that trial by affidavit and claims administrator mini-trials are not legitimate substitutes for proper ascertainability.
Court denied cert
The Court denied the petition for cert on October 10, 2017.
The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]