U.S. Court of Appeals for the Sixth Circuit

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Sixth Circuit holds that so-called “negotiation class” is not authorized by Rule 23

September 24, 2020

Click here to view the opinion.

U.S. Chamber files amicus brief urging Sixth Circuit to reverse district court order certifying a “negotiation class,” arguing that such certification is contrary to the text of Rule 23, established precedent, and the purposes of the class action device

February 14, 2020

Click here to view the Chamber’s amicus brief. Andrew J. Pincus, Archis A. Parasharami, Charles A. Rothfeld, and Brett E. Legner of Mayer Brown LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

The U.S. Chamber previously filed an amicus brief asking the Sixth Circuit to grant Rule 23(f) review, which it did.

Case Documents