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List of Forms by Chapter
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Chapter 1 — Historical Perspective
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Chapter 2 — Rule 23 Purposes and Prerequisites
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Chapter 3 — Investigation and Development of Class Cases
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Chapter 4 — Discovery
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Chapter 5 — Class Action Notices Under Federal Rule of Civil Procedure 23
- I. [5.1] Equitable Common-Law Origins of Class Actions as They Relate to Notice
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II. Early Supreme Court Decisions and the Forerunners to Federal Rule of Civil Procedure 23
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III. Notice Requirements Under Federal Rule of Civil Procedure 23
- [5.4] General Observations
- [5.5] Mandatory Notice in Federal Rule of Civil Procedure 23(b)(3) Class Actions
- [5.6] Eisen v. Carlisle & Jacquelin
- [5.7] Phillips Petroleum Co. v. Shutts
- [5.8] Amchem Products, Inc. v. Windsor
- [5.9] 2003 Amendments
- [5.10] Notice in Federal Rule of Civil Procedure 23(b)(1) and 23(b)(2) Class Actions
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Chapter 6 — Providing Notice of a Class Action
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Chapter 7 — Discretionary and Settlement Notices Under Federal Rules of Civil Procedure 23(c) – 23(e)
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Chapter 8 — Pleadings, Motions, and Orders
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Chapter 9 — State Practice: Illinois’ Class Action Statute
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Chapter 10 — Settlement Procedures, Negotiations, and Agreements Under State and Federal Rules
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Chapter 11 — Settlement and Consideration (Notice, Standards of Judicial Evaluation, Settlement Hearing, and Judgment and Appeal)
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Chapter 12 — Complex and Multidistrict Actions
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Chapter 13 — Procedural Aspects of Shareholder Derivative Suits in Illinois
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Chapter 14 — The Class Action Fairness Act of 2005
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Chapter 15 — Attorneys’ Fees in Class Actions
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Wilber H. Boies
Wilber H. Boies
Wilber H. Boies is Senior Counsel with McDermott Will & Emery, in Chicago, concentrating his practice in business litigation, including defense of class actions involving securities, employee benefits, and consumer fraud claims. Mr. Boies is the author of numerous articles on federal court litigation. He served as 1991 – 1992 Chair of the Chicago Bar Association’s Class Litigation Committee. Mr. Boies received his A.B. from Brown University and his J.D. from the University of Chicago Law School.
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Michael T. Brody
Michael T. Brody
Michael T. Brody is a Partner with Jenner & Block LLP, in Chicago, concentrating his practice in commercial litigation and class action. He is a Lecturer in Law at the University of Chicago Law School, Chair of the Seventh Circuit Bar Foundation, a Past President of the Seventh Circuit Bar Association (2015 – 2016), and Past Chair of the Evanston Community Foundation (2015 – 2017). Mr. Brody has received the Award for Excellence in Pro Bono and Public Interest Service (U.S. District Court, Northern District, Ill.) (2015); the Family Defense Center, Major Litigation Award (2013); and the Jenner & Block LLP Jerald S. Solovy Award for Public Service (2015). Mr. Brody received his B.A. from the University of Wisconsin-Madison and his J.D. from the University of Chicago Law School. Following law school, he clerked for Antonin Scalia, then a judge on the United States Court of Appeals for the District of Columbia Circuit.
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Daniel R. Campbell
Daniel R. Campbell
Daniel R. Campbell is a Partner with McDermott Will & Emery in Chicago, where he focuses on litigation, trials, class actions, and commercial disputes. He is a member of the Chicago Bar Association and the Northern District of Illinois Trial Bar. He has been named an Illinois Rising Star by Super Lawyers. Mr. Campbell received his B.A. summa cum laude from the University of Missouri and his J.D. magna cum laude from the University of Illinois College of Law.
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Timothy J. Chorvat
Timothy J. Chorvat
Timothy J. Chorvat is a Partner with Jenner & Block LLP, in Chicago and London, where he concentrates his practice in the areas of civil and commercial litigation with a particular focus on complex financial disputes. Mr. Chorvat served as Chair of the Illinois State Bar Association’s Civil Practice and Procedure Section Council and serves as Website Cochair of the Seventh Circuit E-Discovery Pilot Program Committee. He was Chair of the Working Group on Electronic Evidence of the American Bar Association’s Cyberspace Law Committee and is a member of the Electronic Discovery in Bankruptcy Cases Working Group of the ABA’s Committee on Bankruptcy Court Structure and the Insolvency Process. He also was an Assistant Professor of Law at the IIT/Chicago-Kent College of Law. He has written numerous articles on civil practice and e-discovery issues, edits several litigation- related treatises, is an author of the chapters in MOORE’S FEDERAL PRACTICE dealing with class actions and derivative actions, and speaks widely on issues related to litigation and e-discovery. In addition to the American and Illinois State Bar Associations, he is a member of numerous other bar organizations. He received his B.A. from Northwestern University, where he was elected to Phi Beta Kappa, and graduated magna cum laude from the University of Michigan Law School, where he served on the Michigan Law Review and was elected to the Order of the Coif.
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Som P. Dalal
Som P. Dalal
Som P. Dalal is an associate at Jenner & Block LLP, in Chicago, where he concentrates his practice on securities litigation and class action litigation. He has served as Chair of the Chicago Bar Association’s Class Action Committee (2015), a member of the Young Professionals Board of the Lawyers’ Committee for Better Housing (2013– 2015), and Seminar Director of the Chicago Bar Association’s Securities Law Committee (2014 – 2015). Mr. Dalal has been recognized by Illinois Super Lawyer as a “Rising Star” in Securites Litigation (2014, 2015). He is a member of the Chicago and American Bar Associations and serves on the Young Professionals Board of the Lawyers’ Committee for Better Housing. Mr. Dalal received his B.A. magna cum laude, Phi Beta Kappa, from the University of Pennsylvania, and his J.D. summa cum laude, Harno Scholar, from the University of Illinois College of Law.
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Kevin M. Forde
Kevin M. Forde
Kevin M. Forde is a Partner in Forde Law Offices LLP, in Chicago, where he focuses his practice in commercial litigation, including trials and appeals. He has served as the President of the Federal Defender Program, Northern District of Illinois; a member of Senator Richard Illinois Durbin’s Judicial Screening Committee (2009 – present); and a member of Justice Anne Burke’s Judicial Screening Committee. Among his recognitions are the 2014 Certificate of Appreciation, presented by the Federal Judges Association; the 2014 John Paul Stevens Award, conferred by the Chicago Bar Association; and the 2002 Amicus Curiae Award, presented by the Illinois Judges Association. Mr. Forde is a member of the American College of Trial Lawyers, the International Academy of Trial Lawyers, and the American Academy of Appellate Lawyers. He received his B.S. from Marquette University and his J.D. from Loyola University School of Law, Medal of Excellence.
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Aphrodite Kokolis
Aphrodite Kokolis
Aphrodite Kokolis is Counsel to Schiff Hardin LLP in Chicago, where she concentrates her practice in litigation with an emphasis on class action defense and appellate litigation. She is a member of the American, Chicago, and Seventh Circuit Bar Associations. Ms. Kokolis received her B.A. summa cum laude from the University of Illinois at Urbana-Champaign, and her J.D. Order of the Coif from Northwestern Illinois University, where she also served as Managing Editor of the Northwestern University Law Review.
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Clinton “Clint” A. Krislov
Clinton “Clint” A. Krislov
Clint Krislov is the Founder and Senior Partner of Krislov Law: Krislov & Associates, Ltd., in Chicago. He is an adjunct professor at Chicago-Kent College of Law and the Founder and Director of Chicago-Kent’s Center for Open Government; he is also the creator and CEO of ConfirmDocs.com, a digital security site. He has been awarded the Legal Eagle Award: Independent Voters of Illinois-Independent Precinct Organization (2001) and the Amicus Curiae Award, presented by the Illinois Judges Association, and has served as counsel in over 200 reported decisions. He is a member of the Chicago, Illinois State, and American Bar Associations, serving multiple terms as Chair and Vice Chair of the CBA Class Litigation Committee; the Decalogue Society; and the Rotary (Rotary/One Chicago, Paul Harris Fellow). Mr. Krislov received his B.A. from Northwestern University Phi Beta Kappa and his J.D. from Cornell University Law School.
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Christina E. Kurow
Christina E. Kurow
Christina E. Kurow is a department attorney with the firm of Nixon Peabody LLP, in Chicago, where she focuses her practice on commercial litigation. She has served as a volunteer at the Domestic Violence Courthouse in Chicago. She is also a CALI (Computer-Assisted Legal Instruction) award recipient in Civil Litigation Strategy, Civil Litigation Drafting, Legal Writing III, and Wills & Trusts. Ms. Kurow is a member of the Chicago Bar Association. She received her B.S. from the University of Illinois at Urbana-Champaign and her J.D. magna cum laude from DePaul University College of Law.
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Kevin R. Malloy
Kevin R. Malloy
Kevin R. Malloy is an associate at Forde & O’Meara LLP, in Chicago, where he concentrates his practice in commercial litigation and appeals. He is a member of the Appellate Lawyers Association, the Chicago Bar Association Judicial Evaluation Committee, and the Illinois State Bar Association. Mr. Malloy received his B.A. from the University of Notre Dame and his J.D. cum laude from the American University Washington College of Law.
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William E. Meyer, Jr.
William E. Meyer, Jr.
William E. Meyer, Jr., is Of Counsel to Fuksa Khorshid LLC in Chicago, where he focuses his practice in general commercial litigation. He is a member of the Illinois State and Lake County Bar Associations. He received his A.B. from Harvard College, his J.D. from Loyola University Chicago School of Law, and his M.B.A. from The University of Chicago Booth School of Business.
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Henry Pietrkowski
Henry Pietrkowski
Henry Pietrkowski is a Litigation Partner in the Financial Industry Group of Reed Smith LLP, in Chicago. Mr. Pietrkowski is a member of the firm’s Financial Industry Group focusing on high stakes consumer class action defense for a variety of industries, including life insurance, financial services, pharmaceutical, and medical device companies. He has significant experience defending putative class actions involving the federal Telephone Consumer Protection Act (TCPA) as well as life insurance and annuity issues. Mr. Pietrkowski has been recognized as an Illinois Super Lawyer in the class action category (2013 – 2015). He received his B.A. from Northwestern University and his J.D. with high honors, Order of the Coif, from IIT/Chicago-Kent College of Law, where he was Notes and Comments Editor of the Chicago-Kent Law Review.
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Brian J. Recor
Brian J. Recor
Brian J. Recor is a Partner in the Los Angeles/Paris office (located in Santa Monica, California), of Bryan Cave LLP, where he focuses on class defense and international arbitration. He defends companies in U.S. class actions and other lawsuits brought by consumers alleging false advertising or unfair competition. He also represents companies in international business disputes and is one of very few California litigators admitted to practice law in France. He received his B.S.F.S. from Georgetown University and his J.D. from the University of Southern California.
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Michael D. Richman
Michael D. Richman
Michael D. Richman is a Partner at Reed Smith LLP and is head of the firm’s Appellate Practice Group in the Chicago office. Previously he was a semi-finalist for the U.S. District Court Judgeship in the Northern District of Illinois. Mr. Richman is a member of the Appellate Lawyers, Illinois State Bar, and Chicago Bar Associations. Mr. Richman has written for IICLE®’s FEDERAL CIVIL PRACTICE (2015) and the previous edition of IICLE®’s CLASS ACTIONS (2013). He received his B.A. with honors from Indiana University and his J.D. from Case Western Reserve University.
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Paul B. Rietema
Paul B. Rietema
Paul B. Rietema is a Partner at Jenner & Block LLP in Chicago, where his practice is focused on complex commercial litigation and class actions. He regularly publishes on topics concerning class action litigation, securities litigation, and commercial litigation strategy. He has been recognized for his pro bono service in 2014 and 2016. Mr. Rietema received his B.A. with honors from Calvin College and his J.D. cum laude from Harvard Law School. Following law school, he clerked for the Honorable E. Grady Jolly, a district judge on the United States Court of Appeals for the Fifth Circuit.
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Lisa S. Simmons
Lisa S. Simmons
Lisa S. Simmons is General Counsel at the American Society for Clinical Pathology in Chicago. She was formerly a Partner at Edwards Wildman Palmer LLP, in Chicago, where her practice was focused on complex commercial disputes, both in and out of court, with expertise in the defense of class actions. She has defended insurance, medical device, and chemical companies in putative class action lawsuits alleging consumer fraud and other claims. In addition, she has extensive appellate experience, including appeals arising from high-profile cases brought by governmental entities against firearms and lead pigment manufacturers. She has been a presenter concerning class action topics for several organizations, including the American Conference Institutes 3rd National In-House Counsel Conference on Defending and Managing Complex Litigation, and was coauthor of Class Action Fairness Act: Reflections on the First Years for the NorthStar Conferences 5th Annual Class Action Litigation Summit. Ms. Simmons received her B.A. from the University of Wisconsin and her J.D. from the University of Wisconsin Law School.
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Steven R. Smith
Steven R. Smith
Steven R. Smith is a Partner in the Chicago office of Bryan Cave LLP, where he has more than 35 years of experience in handling complex business litigation matters at the trial and appellate levels. His practice focuses on business and commercial disputes in state and federal courts across the country, including acting as lead counsel in numerous class action cases and consolidated multidistrict proceedings. Mr. Smith is also the Co-leader of Bryan Cave’s Consumer Financial Services Litigation team and writes and speaks nationally on consumer finance and business litigation topics. He received his B.A. from the University of Chicago and his J.D. from the University of Santa Clara, where he was a member of the Santa Clara Law Review.
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David Z. Smith
David Z. Smith
David Z. Smith is a litigation Partner in Reed Smith LLP’s Financial Industry Group, in Chicago, where he focuses on complex litigation, including business and commercial disputes and class action defense. Mr. Smith has defended numerous class actions in Illinois and across the county involving a variety of subjects and claims, including TCPA, consumer fraud, mortgage lending, FCRA, life insurance market conduct, data security breaches, and privacy-related claims. He has authored several articles and publications relating to class action law and has spoken on issues relating to data security breaches. He earned his B.A., Phi Beta Kappa, magna cum laude, from Brandeis University, and his J.D. magna cum laude from Harvard Law School.
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R. John Street
R. John Street
R. John Street is Of Counsel at Eimer Stahl LLP, in Chicago. Mr. Street has over 25 years of experience in counseling and representing insurance industry clients, including investigating and resolving regulatory issues, negotiating and litigating amounts owed loss-sensitive insurance programs, resolving underwriting and pricing issues with insureds and regulators, and defending allegations that claims were mishandled under loss-sensitive insurance programs. He also has a great deal of experience in class action litigation involving the insurance industry, both in personal lines and in commercial lines matters. In addition, he has significant experience in general commercial litigation and in counseling trade associations with respect to antitrust and other matters. Mr. Street joined Eimer Stahl in June 2013. Before joining Eimer Stahl, John was a Partner with Edwards Wildman Palmer LLP. He is a member of the American Bar Association. He received his B.S. from Ohio University and his J.D. summa cum laude, Order of the Coif, from Case Western Reserve University School of Law.
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Howard S. Suskin
Howard S. Suskin
Howard S. Suskin is a Partner with Jenner & Block LLP, in Chicago, where he focuses his practice on securities litigation and class action defense. He was recognized by Chambers USA for his work in securities litigation (2020), by Best Lawyers in America for Commercial and Securities Litigation (2013 – 2020), and in Top 100 Illinois Super Lawyers (2007 – 2010, 2014 – 2018). Mr. Suskin received his B.A. with distinction from Northwestern University, where he was elected to Phi Beta Kappa, and his J.D. with honors from the University of Michigan Law School, where he was Editor of the Michigan Law Review.
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Charles R. Watkins
Charles R. Watkins
Charles R. Watkins is Of Counsel to Guin, Stokes & Evans, LLC, in Chicago, where he concentrates his practice on litigation and class actions. He is a member of the Trial Bar of the Northern District of Illinois and is admitted to practice law in Illinois and Michigan; the Northern and Central Districts of Illinois; the Eastern and Western Districts of Michigan; the Southern District of Indiana; the United States Courts of Appeal for the Third, Fourth, Sixth, Seventh, and Eighth Circuits; and the United States Supreme Court. Mr. Watkins received his B.A. with high honors from Michigan State University and his J.D. cum laudefrom the University of Michigan Law School.
Class Actions (ARCHIVED 2015 EDITION)
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