D.C. Circuit holds that any “issue class” under Rule 23(c)(4) must also meet the threshold requirements of Rule 23(a) and be maintainable under one of the class action types laid out in Rule 23(b)
July 18, 2023
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U.S. Chamber files amicus brief
July 01, 2022
The U.S. Chamber filed an amicus brief urging the D.C. Circuit to hold that a Rule 23(c)(4) issues class must still satisfy the requirements of Rule 23(b) as to the plaintiffs’ cause of action and that the “similarly situated” requirement for a FLSA collective action incorporates familiar considerations of commonality, typicality, and predominance. Gilbert C. Dickey and Jessica L. O'Brien of McGuireWoods LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.