With testimony from Michael Pennington, Tim Pratt, and Patrick Paul, DRI was well represented at the final public hearing before the Advisory Committee on Civil Rules in Dallas on February 16, 2017 on the Committee’s proposed changes to Rule 23 of the Federal Rules of Civil Procedure regarding Class Actions.
Having previously submitted written comments, DRI also was represented well at the first two public hearings in Washington, D. C. and Dallas, including testimony from former DRI president John Parker Sweeney, Jeffrey A. Holmstrand, and Scott Smith. Collectively, these witnesses supported DRI's position and that of the Center for Law and Public policy regarding proposed amendments to Rule 23. In particular, the witnesses focused on settlement class certification before final hearing, cy pres and ascertainability, claim rate as a factor in judging fairness of settlement, invitation to class wide objections expanding the time to file a 23 (f) petition and an automatic right to appeal class certification decisions.
Working in conjunction with Lawyers for Civil Justice, the views of the defense bar were well articulated and provided a contrast to views offered by the plaintiff's bar.