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Fed. R. Civil P. 23

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May 22, 2006
Emery G. Lee, Thomas E. Willging

This interim progress report on the impact of the Class Action Fairness Act of 2005 was presented to the Advisory Committee on Civil Rules on May 22, 2006. The report examines class action filing trends from July 1, 2001 through June 30, 2005 in three federal district courts and includes data on the first four months after CAFA went into effect. Future reports will present the results of statistical tests of the impact of CAFA on federal courts across the country.

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January 1, 2006
Shannon R. Wheatman, Thomas E. Willging

This article presents a post-Class Action Fairness Act of 2005 (CAFA) discussion and analysis of data presented previously in An Empirical Examination of Attorneys' Choice of Forum in Class Action Litigation (FJC 2005). Data originated from a national random survey of 728 attorneys who represented plaintiffs and defendants in 621 closed class action cases. New discussion centers on the assumptions underlying CAFA about differences in federal and state court treatment of class actions.

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December 17, 2005
Thomas E. Willging, Shannon R. Wheatman

This article presents attorney responses to a national random survey of 728 attorneys who represented plaintiffs and defendants in 621 recently closed class action cases. Those cases had been filed in or removed to federal courts, and the article focuses on attorneys' reasons for choosing a state or federal forum. The article also tracks the differences in rulings in state and federal courts on class certification, motions to dismiss, settlement review, and attorney fee awards in a subset of the 621 cases.

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January 1, 2005
Barbara J. Rothstein, Thomas E. Willging

This guide is designed to help federal judges manage the increased number of class actions expected as a result of the Class Action Fairness Act of 2005. As called for in that legislation, the guide is part of a continuing effort of the federal judiciary to identify "best practices" for managing class actions and ensuring that class action settlements primarily benefit class members.

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April 1, 2004
Shannon R. Wheatman, Thomas E. Willging

While considering a proposal to amend Fed. R. Civil P. 23 to create new certification standards that would apply only to settlement class actions, the Advisory Committee on Civil Rules sought this empirical research from the Center to help it decide how to proceed. This report is the second phase. For the first phase see Effects of Amchem/Ortiz on the Filing of Federal Class Actions: Report to the Advisory Committee on Civil Rules (2002).

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September 9, 2002
Robert J. Niemic, Thomas E. Willging

The Advisory Committee on Civil Rules has been considering a proposal to revise Fed. R. Civil P. 23 to create new certification standards that would apply only to settlement class actions. The Committee sought empirical research from the Center to help it decide how to proceed. The Center conducted the research in two phases during 2002-2004. This report is the first phase.

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