Amchem Products Inc v Windsor

1997

Venue: SCOTUS

Facts: Asbestos litigation is a pain. After dealing with a batch of "inventory" plaintiffs (those who have already filed claims), a defense consortium attempts to come up with a class that woudl encompass all future claimants, to try and whack out one big settlement for all time.

Posture: Defendants and putative plaintiff representatives file suit and answer on the same day, and also a proposed settlement agreement and a motion for class certification. District court approves. Reversed on appeal.

Issue: Is class certification appropriate?

Holding: No. Affirmed.

Rule: Rule 23

Reasoning: This is settlement only, so we don't have to worry about whether this would be intractable at trial. There are a couple prongs that fail, though.

Dicta: