Commentary and analysis of proposed amendments to the Federal Rules of Civil Procedure published by the Administrative Office of the United States Court, relating to Rule 23 (class action litigation), and Rule 53 (special masters). The current rule package comes after a decade-long effort of the Advisory Committee on Civil Rules to amend Rule 23, from 1991 through the current rules package. The article discusses proposed amendments to the timing of class certification in Rule 23(c)(1)(a); changes in notice requirements in Rule 23(c)(2); and amendment of provisions relating to settlement classes, in Rule 23(e). The article also surveys and discusses the proposals to add two new provisions to the class action rule dealing with the appointment of class counsel (proposed Rule 23(g)), and standards for the award of class counsel attorney fees (proposed Rule 23(h)). Finally, the article comments on the proposed amendment of Rule 53, dealing with special masters, to conform the rule to the contemporary practice and use of special masters in complex litigation.
Linda S. Mullenix, Master Class--Rule Amendments, National Law Journal, Jan. 7, 2002, at B11.