Fed. R. Civ. P. 23(c)(2)(B) – Paul Mollica's Federal Courts Blog

Third Circuit, Joining Circuit Split, Rejects “Reasonable Indication” Standard of Review for Class Action Opt-Outs Under Fed. R. Civ. P. 23(c)(2)(B) (v) and (vi)

Adding its voice to the several circuits that have already ruled on the issue, the Third Circuit holds in Perrigo Institutional Investor Group v. Papa, No. 24-2861 (3d Cir. Aug. 12, 2025) that absent class members must be held to strict compliance with court procedures to opt-out of a Rule 23(b)(3) class action. It thusContinue reading “Third Circuit, Joining Circuit Split, Rejects “Reasonable Indication” Standard of Review for Class Action Opt-Outs Under Fed. R. Civ. P. 23(c)(2)(B) (v) and (vi)”