Article by Edward F. Sherman
A number of states in the Gulf South have been magnets for class action cases, and their practice has provided important precedents for the development of class actions. A shift of class action filings from federal to state courts is a prominent feature, reflecting the increasingly restrictive view of class actions taken by federal circuit courts. This Article discusses the principal issues that have arisen in class action practice, including the application of class actions to mass torts, certification of classes for certain issues (phased trials), the degree of scrutiny at class certification, multistate class actions, novelty of issues, and settlement classes. The interplay of federal and state court precedents provides a crucible for experimentation, and it is still to be seen if the state appellate courts will bring their trial courts into more conformity with federal practice.
About the Author
Edward F. Sherman. Dean and Professor of Law, Tulane University School of Law. A.B. Georgetown University; L.L.B. Harvard Law School; M.A. University of Texas; S.J.D. Harvard Law School.
Citation
74 Tul. L. Rev. 1603 (2000)