Private Law Theory

INTRODUCTION
Nearly 60 years ago, Rule 23 of the Federal Rules of Civil Procedure, governing class actions in the federal courts, was subjected to substantial revision. Notably, the revisions changed the rule to make decisions in class action suits brought under Rule 23(b)(3) binding on members of the represented class who did not choose to opt out of the suit. This revision created the potential for the plaintiff in such cases to represent a substantially larger class than was possible under the original Rule 23. Yet, an unanticipated consequence of this revision is that – for several decades now – class action litigation has become one of the most controversial forms of civil litigation in the federal system for the ways in which it affects the due-process rights of class members, among other concerns …

Christopher J Ryan Jr, lass Action Cy Près Revisited, 85 Louisiana Law Review 931 (2025).