Monday, March 23, 2015

Advisory Committee Agenda Includes Class Action Amendment "Sketches," Loser-Pays Report

The Advisory Committee on Civil Rules has released the 640-page agenda for its April 9-10, 2015 meeting.

The agenda includes many items that are of interest.  The following is far from an exhaustive list:

  •  In the Draft Minutes for the Committee's October 30, 2014 meeting (p. 39):

 "Judge Campbell reported that the Forms Working Group in the Administrative Office has already begun deliberating what response they might make if the proposed abrogation of Rule 84 and the Rule 84 Forms is approved by the Supreme Court and Congress. They have begun to think about new forms that might be created. This Committee will keep in touch with the Working Group, perhaps by means as formal as appointing a liaison member."

  • The Report of the Rule 23 Subcommittee considers the following topics.  Some contain "sketches" of possible amendments to the rule on class actions (p. 243):
  • Settlement approval criteria (p. 246)
  • Settlement class certification (p. 253)
  • Cy pres treatment (p. 263)
  • Dealing With Objectors (p. 272)
  • Rule 68 Offers and Mootness (p. 277)
  • Issue Classes (p. 281)
  • Notice (p. 284)
  •  The Discovery Subcommittee reports on "Requester Pays Issues."  (p. 333)

 

https://lawprofessors.typepad.com/civpro/2015/03/advisory-committee-agenda-includes-class-action-amendment-sketches-loser-pays-report-.html

Class Actions, Federal Rules of Civil Procedure | Permalink

Comments

One innocuous change that will impact daily life for every federal court practitioner is a proposal to eliminate the use of certificates of service in cases where all persons served pursuant to F.R.C.P. 5 receive service via e-filing. This changes the benediction page of every single pleading filed in federal court in the lion's share of litigated cases.

Posted by: ohwilleke | Apr 9, 2015 1:32:57 PM

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