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The 2nd Circuit has reversed a district court ruling that required prospective members of a class in mass accident litigation to "opt in" to the class. Finding that federal Judge Shira Scheindlin "overstepped the bounds of Rule 23" by requiring potential members to affirmatively consent to inclusion, the circuit reversed the class certification in litigation over an Austrian ski train accident that killed 155 passengers and crew members in 2000.
December 23, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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