In this January 30, 2009 article from Law360, Squire Sanders partner Philip M. Oliss discusses the importance of reforms in class action practice to defendants. He notes that reforms “raise the bar for multistate class action certification motions,” thus helping cut costs for defendants when it comes to class discovery and briefing. Mr. Oliss also addresses the fact that under Rule 23 of the Federal Rules of Civil Procedure (governing class actions), a request to serve as a class representative is procedural only and not a substantive right. Thus, there is a lower standard for striking class allegations that courts should not confuse with the higher standard of dismissing substantive claims.
Reprinted with permission from Portfolio Media, Inc., publisher of Law360.