HOW GREATER USE OF ISSUE CLASS CERTIFICATION CAN BRING JUSTICE TO PLAINTIFFS

Alan Nochumson / Nochumson P.C.

Personal Injury cases may now be successfully litigated as class action for class certification and case resolution in personal injury cases and property damage cases. Rule 23(c)(4) states that "when appropriate, an action may be brought or maintained as a class action with respect to particular issues."

 

This would be known as Issue certification where essentially; this would create an alternate course for class certification by allowing for an overwhelming case to be divided into smaller piece. Issue Certification is going to allow for more "efficient adjudication of the controversy" which would only benefits all members involved with the case; Plaintiffs, Plaintiff Attorneys, Experts who would otherwise have to appear in court potentially hundreds of times, Defendants, and already-overburdened court systems. Certain lower dollar amount cases may benefit from this greatly as it is opening the door for smaller and more diverse cases that may not be otherwise economically viable to pursue.