"A Question of Taste: Touchtones for Determining the Certifiability of Class-Wide Claims for Declaratory and Injunctive Relief Under Rule 23 of the Federal Rules of Civil Procedure" by Randy D. Gordon

Article

A Question of Taste: Touchtones for Determining the Certifiability of Class-Wide Claims for Declaratory and Injunctive Relief Under Rule 23 of the Federal Rules of Civil Procedure

Suffolk J. Trial & App. Advoc. (2012)

Randy D. Gordon

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Abstract

Although the United States Supreme Court in its most recently completed term sharply curtailed the scope of class actions brought under Rule 23(b)(2) of the Federal Rules of Civil Procedure, questions under that Rule still abound. One of the open issues is how a court should treat a request to certify a class seeking declaratory or injunctive relief where members of the putative class disagree as to the desirability or efficacy of the requested relief. This Article develops a rubric for analyzing this type of scenario and determining whether alleged conflicts amongst members of a putative class are sufficient to defeat certification.

Keywords

class actions,
declaratory relief,
injunctive relief,
class conflicts

Disciplines

Publication Date

2012

Citation Information

Suffolk J. Trial & App. Advoc. (2012) (lead article)