Toward Judicial Realism: The Evolution of Rule 23

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Katherine Funk, May 13, 2009

The Rule 23 analysis is currently undergoing what can only be described as a seismic jurisprudential shift. A series of recent cases and recent amendments to Rule 23 auger a much more difficult road to certification for class representatives. Although it was always clear that class plaintiffs had to convince the trial court that the requirements of Rule 23 were met, there was little guidance on the pro