Amchem Products, Inc. v. Windsor, 521 U.S. 591, 17 (1997)

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Cite as: 521 U. S. 591 (1997)

Opinion of the Court

Rule 23(a)(2) and (b)(3) requirements of commonality 9 and preponderance 10 were also satisfied, the District Court held, in that

"[t]he members of the class have all been exposed to asbestos products supplied by the defendants and all share an interest in receiving prompt and fair compensation for their claims, while minimizing the risks and transaction costs inherent in the asbestos litigation process as it occurs presently in the tort system. Whether the proposed settlement satisfies this interest and is otherwise a fair, reasonable and adequate compromise of the claims of the class is a predominant issue for purposes of Rule 23(b)(3)." Id., at 316.

The District Court held next that the claims of the class representatives were "typical" of the class as a whole, a requirement of Rule 23(a)(3),11 and that, as Rule 23(b)(3) demands,12 the class settlement was "superior" to other methods of adjudication. See ibid.

Strenuous objections had been asserted regarding the adequacy of representation, a Rule 23(a)(4) requirement.13 Objectors maintained that class counsel and class representatives had disqualifying conflicts of interests. In particular, objectors urged, claimants whose injuries had become manifest and claimants without manifest injuries should not have common counsel and should not be aggregated in a single

9 Rule 23(a)(2) requires that there be "questions of law or fact common to the class."

10 Rule 23(b)(3) requires that "the [common] questions of law or fact . . . predominate over any questions affecting only individual members."

11 Rule 23(a)(3) states that "the claims . . . of the representative parties [must be] typical of the claims . . . of the class."

12 Rule 23(b)(3) requires that "a class action [be] superior to other available methods for the fair and efficient adjudication of the controversy."

13 Rule 23(a)(4) requires that "the representative parties will fairly and adequately protect the interests of the class."

607

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