Certification by Subclass
A long running debate under Rule 23 surrounds the use of Rule 23(c)(4). The Fifth Circuit, starting with Castano, years ago found that issues could not be certified unless the causes of actions to which the…
A long running debate under Rule 23 surrounds the use of Rule 23(c)(4). The Fifth Circuit, starting with Castano, years ago found that issues could not be certified unless the causes of actions to which the…