Highlights from this issue include:
- Rule 23(c)(4) Issues Classes. In a question of first impression, the Seventh Circuit joined the Second, Third, Fourth, Sixth and Ninth Circuits—and disagreed with the Fifth Circuit—and held that a party seeking certification of an issue class under Rule 23(c)(4) must show that common questions predominate in the resolution of the specific issue or issues that are the subject of the certification motion and not to the cause of action, taken as a whole.
- Timing of Rule 23(f) Appeals. The Eleventh Circuit held it had authority to decide a Rule 23(f) appeal, even when there was also a concurrent and pending motion to decertify at the district court because the appealing party’s only opportunity to challenge the class certification order was in a Rule 23(f) appeal as it could not appeal the decision on a motion to decertify.
