Class action practitioners should pay close attention. The Rule 23 Subcommittee of the Advisory Committee on Civil Rules recently published its draft concept amendments to Rule 23, and they contain several potentially game-changing proposals. See Rule 23 Subcommittee Report, in Agenda Book for Advisory Committee on Civil Rules, Washington, D.C., April 9–10, 2015, at 243–297. The subcommittee says that, although these concept amendments remain “preliminary,” it currently intends to present draft amendments to the advisory committee by fall 2015, and the amendments could become effective as soon as December 1, 2018.
