Legal Opinion
Ortiz v. Fibreboard Corp.
Supreme Court of the United States
Decided June 23, 1999No. 97-1704PublishedCited by 765 opinions
1Opinion of the CourtJustice Souter
This case turns on the conditions for certifying a mandatory settlement class on a limited fund theory under Federal Rule of Civil Procedure 23(b)(1)(B). We hold that applicants for contested certification on this rationale must show that the fund is limited by more than the agreement of the parties, and has been allocated to claimants belonging within the class by a process addressing any conflicting interests of class members.
I
Like Amchem Products, Inc. v. Windsor, 521 U.S. 591 (1997), this case is a class action prompted by the elephantine mass of asbestos eases, and our discussion in…
2Cases cited37 opinions
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