This Comment explores the reasons why the Third Circuit’s high rigorous analysis standard, which increases a district court’s role in the class certification process, should be reviewed and adopted by the Supreme Court. Part II contains an overview of the history of class actions, the class certification process, and the procedural requirements under FRCP 23. Part III analyzes the Third Circuit’s rigorous analysis standard for certification of a class action and discusses the three standards that district courts must apply when considering class certification motions. Part IV explores other relevant federal court class certification decisions, examines the principal case at odds with the Third Circuit (the Ninth Circuit case Dukes v. Wal-Mart), and explains the need for further Supreme Court clarification. Part IV also explains why Supreme Court involvement is needed to resolve this class certification issue and why the Court should adopt the In re Hydrogen rigorous analysis standard. Part V summarizes this Comment and argues in support of a high rigorous analysis standard for class certification. Part VI concludes.
Sarah Rajski, In re Hydrogen Peroxide: Reinforcing Rigorous Analysis for Class Action Certification, 34 SEATTLE U. L. REV. 577 (2011).