Due Process, Rule 23, and Hybrid Classes: A Practical Solution

Authors

Robert M. Brava-Partain

Abstract

Courts and litigants alike face unique challenges when confronted with a class seeking both legal and equitable relief, a so-called hybrid class. Typically, these types of classes raise Due Process, Seventh Amendment and rule-based concerns that are not easily managed. The Supreme Court has declined to decide the issue directly and Circuit Court cases have been less than consistent. The author pieces together the various ways that courts have dealt with hybrid classes and proposes an approach that will meet the needs of both litigants and judges.

Recommended Citation

Robert M. Brava-Partain, Due Process, Rule 23, and Hybrid Classes: A Practical Solution, 53 Hastings L.J. 1359 (2002).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol53/iss6/3