Rule 23(c)(5) Subclasses: Certification, Due Process, Adequate Representation, and Settlement

Plaintiffs can define and propose subclasses to address unique issues or to resolve potential intra-class conflicts of interest. Counsel opposing certification will want to emphasize the intra-class conflict as reason to deny certification and show how subclasses render class treatment unmanageable.Due process requires adequacy of representation for all class members, including subclasses. Circuit courts have overturned settlements if they see conflicts of interest among subclasses and the failure of class counsel to ensure independent representation of subclasses.Listen as this experienced panel of class action litigators guides both plaintiff and defense counsel through the effective use of subclasses to resolve the case.

Outline

  1. Statutory basis of subclasses
  2. Types of cases and issues best suited for subclasses
  3. Resolving conflicts of interest among subclasses
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