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It May Be Time to Revise Massachusetts Rule 23 To Allow Opt Outs

Massachusetts’ Rule 23 version does not allow opt outs. In my experience, MA seems to be only state does not permit class members to opt out of damages. This distinguishes Massachusetts state court practice from federal court practice. That has significant ramifications.
United States Benjamin Kaplan Arthur Miller Massachusetts Supreme Judicial Court United States Supreme Court Phillips Petroleum Co

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