“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”Class actions typically involve a proposed class of plaintiffs seeking recovery from the same defendant on similar grounds. But that is not the only animal in the class action corral. Rule 23 makes this clear in its very first sentence: One or more members of a class may sue or be sued as representative parties

A Brief Look at Justice Kennedy’s Rule 23 RecordWhile he often kept us guessing about how he might vote in politically significant cases, retiring Justice Anthony Kennedy was far more predictable on class action issues over the course of his 30-year tenure on the Supreme Court. This post briefly analyzes Justice Kennedy’s voting record in class action-related cases.

In cases involving class certification,