For the past 10 years, the vast majority of all class actions have been tried in the federal courts rather than the state courts thanks to the enactment of the federal Class Action Fairness Act (CAFA). The judiciary is now having a discussion about the rules governing such suits, namely FRCP 23.
The Federalist Society recently held a policy teleforum on potential changes to FRCP 23 with Prof. Brian Fitzpatrick of Vanderbilt University Law School and Mary Massaron of Plunkett Cooney. During the Teleforum, the speakers went over proposals for change presented by both the plaintiffs’ bar and the defense bar, explained where the rulemaking process is at the present time, and detailed how you can get involved to make your views known.
NJCJI staff are closely following the federal rulemaking process. If you have questions or comments about this, please contact NJCJI’s Chief Counsel, Alida Kass.