• Amendments To Federal Rules Of Civil Procedure Provide For Greater Court Oversight, Control Of Class Action Procedures
  • December 6, 2003 | Authors: Michael L. Converse; Michael J. Mueller
  • Law Firm: Akin Gump Strauss Hauer & Feld LLP - Washington Office
  • On December 1, 2003, a number of amendments to the Federal Rules of Civil Procedure took effect, including significant amendments to Rule 23, which governs class actions in the federal courts. The amendments to Rule 23 are evolutionary in nature, providing for greater court oversight and control of class action procedures, while not altering the basic prerequisites for certifying a case as a class action or the different types of class actions. The new amendments focus on four areas: i) the timing of the certification decision, ii) judicial oversight of class action settlements, iii) appointment of class counsel and iv) fees awards for class counsel.