This is intended to be an article for the lawyer whose client is suddenly confronted with one of these "Frankenstein monster(s) posing as a class action. Our objective is to set forth the arguments and methods available to counsel in seeking to prevent a class from being certified. In order to sharpen the analysis and arguments we will use a hypothetical class action as a model. Since most of the criticism and praise of the class action device has been focused on complaints filed under section (b)(3), observations will be directed primarily at that part of Rule 23. If, in the end, this writing sounds more like a brief in support of a motion to dismiss a complaint as a class action, rather than a scholarly analysis of Rule 23, we will have accomplished our objective.
Robert G. Cutler & James P. Feeney,
Challenging Certification of a Class Action: A Hypothetical,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol12/iss1/5