Predominance and Products Liability Class Actions: An Idea Whose Time Has Passed?

Article by Martin L.C. Feldman

This Article examines the decisions regarding class action certification in the products liability context, focusing on the predominance requirement of Federal Rule of Civil Procedure 23(b)(3). After examining the decisions and discussing the eccentricities of the products liability marketplace, Judge Feldman concludes that the predominance requirement of Rule 23(b)(3) seems counterintuitive to class certification in products liability cases.


About the Author

Martin L.C. Feldman. United States District Judge, Eastern District of Louisiana.

Citation

74 Tul. L. Rev. 1621 (2000)