Case Status

DOW CHEMICAL COMPANY, ET AL. v. STEPHENSON, DANIEL, ET AL. (34220)

    Order dated: 11/04/02
    Docket number: 02-271
    Action:
        The motion of Product Liability Advisory Council for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is granted. Justice Stevens took no part in the consideration or decision of this motion and this petition.

DOW CHEMICAL COMPANY, ET AL. v. STEPHENSON, DANIEL, ET AL. (34220)

    Order dated: 10/14/03
    Docket number: 02-271
    Action:
        The motion of respondents Joe Isaacson and Phyllis Lisa Isaacson to retax costs is granted. Justice Stevens took no part in the consideration or decision of this motion.

A description of the questions presented by the case has been prepared:

1. Whether absent class members are precluded from relitigating the issue of adequacy of representation through a collateral attack on a class settlement, after class members had a full opportunity to opt out, object, and appeal, and after both the trial court and the court of appeals, in the course of approving the settlement, expressly determined that the call representatives adequately represented the entire class. 2. Whether, if collateral attack is permissible, the adequacy of representation is issue is properly determined as of the time of the original litigation or in light of events and changes in the law occurring years after the settlement has becomes final and all of the settlement proceeds have been disbursed.

An opinion has been handed down:

• PerCuriam ()