An Empirical Analysis of Rule 23 to Address the Rulemaking Challenges

Professor Edward H. Cooper’s Rule 23: Challenges to the Rulemaking Process, echoing concerns of the Judicial Conference’s Advisory Committee on Civil Rules, encourages investigation of the assumptions that underpin the policies behind Federal Rule of Civil Procedure 23. In this Article, Willging, Hooper, and Niemic respond to Cooper’s call for action and examine these common assumptions supporting Rule 23, presenting their work through seventeen discrete issues raised by Professor Cooper as prevalent in class action litigation. Based on a study conducted by the Federal Judicial Center, this Article provides data and analyses concerning class action cases terminated between July 1, 1992, and June 30, 1994, in four federal district courts.