United States First Circuit

A class certification order is vacated where the district court 1) erred as a matter of law in employing Rule 23(b)(2) as a vehicle for certifying a defendant class, and 2) abused its discretion in determining that the possibility of stare decisis alone was sufficient justification for class certification under Rule 23(b)(1)(B).

Appellate Information

• Decided 10/02/2003
• Published 10/02/2003

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joseph C. Abate, with whom David M. O'Connorand O'Connor & Associates were on brief, for appellants.


• For Appellees:
  
• Sandra J. Staub, with whom James C. Duda and Bulkley, Richardson and Gelinas, LLP were on brief, for appellee.