Class Actions -- 1998



Greene County Newspaper Association v. Federal Express Corp.   (Alabama Supreme Court)

Class action certification

The NAM filed a brief supporting a constitutional challenge to the "conditional certification" procedures for certifying class actions against manufacturers and others. Alabama's implementation of the procedures allows such certification without giving the defendant an opportunity to defend itself in court. Such procedures affect stock prices, public disclosures and legal rights. Companies joining the NAM on the brief include Amoco Oil Co., Champion International Corp., Chevron U.S.A. Inc., Exxon Corp., Georgia-Pacific Corp., International Paper Co., Masonite Corp., Solutia, Inc., Star Enterprise and Witco Corporation. Brief filed 11/7/97. The Alabama Supreme Court on 5/29/98 granted Federal Express's motion and vacated the trial court's class certification until after preliminary discovery and an evidentiary hearing.