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Fed. R. Civil P. 23

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January 1, 1998
Jay Tidmarsh

This report by Professor Jay Tidmarsh of Notre Dame Law School examines five cases in which Rule 23 of the Federal Rules of Civil Procedure has been used to achieve a settlement of a mass tort controversy. The reason for studying mass tort settlement class actions is simple: Using class actions for this purpose has been, and is, controversial.

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March 13, 1996
Thomas E. Willging, Laural L. Hooper, Robert J. Niemic

A study conducted by the Center to provide the Judicial Conference's Advisory Committee on Civil Rules with systematic, empirical information about how Federal Rule of Civil Procedure 23 operates. The study addressed many questions about the day-to-day administration of Rule 23 in the types of class actions that are ordinarily filed in the federal courts. The report presents empirical data on all class actions terminated between July 1, 1992, and June 30, 1994, in four federal district courts, and it discusses many of the issues in the continuing debate about class actions.

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January 1, 1980
Arthur R. Miller

A circuit-by-circuit review of case law governing award of attorneys' fees in class actions and an examination of abuses in fee requests. The report also includes a discussion of judges' and attorneys' attitudes toward fee computation. Recommendations focus on procedures, implemented early in litigation, designed to avoid problems when fee requests are submitted.

January 1, 1977
Arthur R. Miller

An analysis and discussion of the origins, development, and existing state of the law governing class actions.

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