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: |
|
|