Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Class Actions topic
No spam. Unsubscribe anytime.
Rule 23 adopts federal‑style class‑action procedures and alters unclaimed fund distributions
Summary
The revised Rule 23 aligns West Virginia with federal procedures on certification timing, permits interim class counsel, revises settlement‑class opt‑out rights, and reduces the mandatory portion of unclaimed class‑action funds previously directed to legal aid.
A committee presenter explained that the new Rule 23 imports many federal procedures for class actions while aiming to preserve existing West Virginia substantive law on certification. "The new rule adopts the procedures for determining and managing class actions that are contained in federal rules of civil procedure," a committee member said, adding that the rule permits appointment of interim class counsel and sets detailed settlement approval and fee procedures.
The rule also changes distribution of unclaimed funds in class actions: the presenter said the mandatory share that previously went to legal aid was reduced (the slide text referenced a change from 0.5 of unclaimed funds to a lower mandatory percentage to benefit legal aid or similar organizations). The committee emphasized there was no intended substantive change to when class actions are certified under existing case law.
