Complex Litigation: Inroads on Eisen

Vol. 26 Nat'l L.J. 13 (Sept. 22, 2003)

The University of Texas School of Law, Public Law and Legal Theory Research Paper Series Number 469

5 Pages Posted: 15 Jun 2013

Date Written: September 22, 2003

Abstract

Commentary and analysis of the so-called “Eisen” rule in the class certification process and the inroads made on the Eisen rule in Szabo v. Bridgeport Machinery Inc., 249 F.3d 672 (7th Cir. 2001). The Eisen rule, derived from Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (1974), has led to considerable confusion concerning the extent to which federal judges may consider the merits of the underlying litigation in evaluating whether to certify a proposed class action. A prevailing general gloss on the Eisen rule holds that judges are prohibited from considering the merits of the underlying litigation in assessing whether a class action is suitable for class certification. This article discusses the Seventh Circuit’s decision in Szabo, which called into question this interpretation of the Eisen rule. The court indicated courts may not accept the incontestable plaintiff’s allegations as true for the purpose of evaluating class certification, and that the standards for evaluating class certification motions are more similar to those under Fed. R. Civ. P. 12(b)(1) or 12(b)(2). The article also comments on the rigorous analysis standard for class certification set forth by the Supreme Court in General Telephone Co. of Southwest v. Falcon, 457 U.S. 147 (1982), and the numerous Seventh Circuit decisions that have adopted the Szabo rule, as well as other federal circuits that have followed or rejected the Szabo approach.

Keywords: Class action certification, Eisen rule, Eisen v. Carlisle & Jacquelin, Szabo v. Bridgeport Machinery, merits at class certification, Rule 12(b)(1), Rule 12(b)(2), Rule 12(b)(6)

Suggested Citation

Mullenix, Linda S., Complex Litigation: Inroads on Eisen (September 22, 2003). The University of Texas School of Law, Public Law and Legal Theory Research Paper Series Number 469 . Available at SSRN: https://ssrn.com/abstract=2278955

Linda S. Mullenix (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1375 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
4
Abstract Views
67
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information