The Rule 23 amendment process has continued apace. For those of
you who did not read Paul Karlsgodt's
excellent summary of the September 11 mini-conference (which
included a number of class-action luminaries from both sides of the
aisle), I'd recommend you head straight over to do so.
For the mini-conference, the Rule 23 Subcommittee published its latest thoughts on various
topics(click on "Mini Conference Materials), and these are
the latest versions of its proposals to debate.
In general, the proposals have improved significantly. It's
clear that the Subcommittee is listening to reactions from all
sides as part of its barnstorming tour. That doesn't mean that
there's not further room for improvement, however. Without
further ado, here are the latest area of debate, and my thoughts on
each. [Disclosure: I assisted in the drafting of some language for
both the DRI's and LCJ's responses. The following are my
personal reactions.]
