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- Title
Certifying Mandatory Punitive Damages Classes in a Post-Ortiz and State Farm World.
- Authors
Nagy, Aileen L.
- Abstract
This article focuses on the concept of a punitive damages class, which has emerged as a potential means of providing distributive justice to plaintiffs, while still protecting defendants from multiple, successive punishments. In this regard, some parties have sought to certify mandatory punitive damages classes under Federal Rule 23(b)(1) when litigation would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests. The traditional application of Rule 23(b)(1)(B) and current Supreme Court precedent interpreting the rule may weigh against the certification of mandatory punitive damages classes.
- Subjects
EXEMPLARY damages; JUSTICE; APPELLATE courts; ACTIONS &; defenses (Law); FEDERAL regulation; CIVIL penalties
- Publication
Vanderbilt Law Review, 2005, Vol 58, Issue 2, p599
- ISSN
0042-2533
- Publication type
Article