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Scott Dodson

Selected Works

Class actions

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

A Negative Retrospective Of Rule 23, Scott Dodson Dec 2016

A Negative Retrospective Of Rule 23, Scott Dodson

Scott Dodson

This symposium contribution offers a negative retrospective of Rule 23 through six decades of rulemaking. Rather than focus on what was, I consider what was not: major amendment proposals that failed to become law. This negative retrospective projects a dramatically different vision of Rule 23, and it offers insights into both the Rule 23 of today and the rulemaking process more generally.

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Subclassing, Scott Dodson Feb 2006

Subclassing, Scott Dodson

Scott Dodson

This Article is the first to take a hard look at Federal Rule of Civil Procedure 23(c)(4)(B), an oft-slighted part of the class action scheme that permits a court to create subclasses "when appropriate." Despite its tautologically unhelpful text, no other court or commentator has undertaken a comprehensive analysis of this provision. The time to do so is certainly now. As class actions grow bigger, plaintiffs seek new ways to meet Rule 23's certification requirements. Just in the last few years, plaintiffs have turned to subclassing's sister provision, Rule 23(c)(4)(A), which has consequently received a flurry of commentary from courts …

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