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Fed. R. Civil P. 23

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December 5, 2017

This package of materials was transmitted to the U.S. Supreme Court on October 4, 2017, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2018.

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October 1, 2013
Marie Leary

This report to the Judicial Conference’s Advisory Committee on Appellate Rules focused on class action objector appeals filed in the Second, Seventh, and Ninth Circuits from settlements approved by the district courts in class actions filed after January 1, 2008. The objector appeals studied were filed from January 1, 2008, through March 1, 2013, in the Seventh Circuit, through June 1, 2013, in the Second Circuit, and through July 1, 2013, in the Ninth Circuit.

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January 1, 2010
Barbara J. Rothstein, Thomas E. Willging

This pocket guide is designed to help federal judges manage the increased number of class action cases filed in or removed to federal courts as a result of the Class Action Fairness Act of 2005 (CAFA). It includes a section on determining federal jurisdiction that incorporates case-management practices and judicial interpretations of CAFA. It also includes suggestions for judicial review and administration of class settlements, especially regarding the disclosure of claims rates and actual payments to class members.

January 1, 2010

The checklist provides overall guidance on notice and notice plan development and provides guidance for improving class actions claims processes. A graphical plain language notice guide explains and highlights the important features of the illustrative notices. For more on class action notices, see: Illustrative Forms of Class Action Notices.

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January 1, 2009
Barbara J. Rothstein, Thomas E. Willging

This pocket guide is designed to help federal judges manage the increased number of class action cases filed in or removed to federal courts as a result of the Class Action Fairness Act of 2005 (CAFA). This second edition includes a new section on determining federal jurisdiction that incorporates case-management practices and judicial interpretations of CAFA.

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November 1, 2008
Emery G. Lee, Thomas E. Willging, George W. Cort, Laural L. Hooper, Marie Leary, Angelia N. Levy, D. Dean P. Miletich, Robert J. Niemic, Shelia Thorpe

The preliminary findings presented in this report suggest that, in diversity class actions, there is less to class allegations than one would expect. There was relatively little motions activity in the typical case, and the majority of cases not remanded to state court were voluntarily dismissed. Most plaintiffs did not move to certify a class. But all class actions in which a class was certified, whether for litigation or settlement purposes, ended with class settlements.

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April 1, 2008
Emery G. Lee, Thomas E. Willging

The Class Action Fairness Act of 2005 (CAFA) (Pub. L. No. 109-2, 119 Stat. 4 (2005)) expanded the federal courts' diversity of citizenship jurisdiction over class action litigation. Congress's intent was, in part, to shift some class action litigation from the state courts to the federal courts. Passage of the Act sparked concerns about the impact of these additional class actions on the federal courts' rocedures and workload.

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November 8, 2007
Emery G. Lee, Thomas E. Willging

The Federal Judicial Center has undertaken a long-term study of the impact of the Class Action Fairness Act of 2005 (CAFA) on the resources of the federal courts. This progress report on the impact of the Class Action Fairness Act of 2005 was presented to the Advisory Committee on Civil Rules on November 8, 2007. The report presents an account of the progress of this long-term study as well as new information on class action activity in California and new data on consumer protection class actions and remand rates for removed cases.

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April 16, 2007
Emery G. Lee, Thomas E. Willging

The Federal Judicial Center has undertaken a long-term study of the impact of the Class Action Fairness Act of 2005 (CAFA) on the resources of the federal courts. The third interim report was delivered to the committee on April 16, 2007 for discussion at its April 19 meeting and reports on the results of statistical tests of the impact of CAFA on federal courts across the country.

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September 7, 2006
Emery G. Lee, Thomas E. Willging

The Federal Judicial Center has undertaken a long-term study of the impact of the Class Action Fairness Act of 2005 (CAFA) on the resources of the federal courts. This second interim progress report was presented to the Judicial Conference Advisory Committee on Civil Rules on September 7, 2006, and reports on the results of statistical tests of the impact of CAFA on federal courts across the country.

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