Sixth Circuit Notes Split Re Subclassing and Bifurcation

Civil Procedure—Class Actions

Randleman v. Fidelity National Title Insurance Co.
 (79 U.S.L.W. 2590) (May 2011)

Issue: May subclassing and bifurcation be used to remedy predominance issues in class actions? The Sixth Circuit, declining to take sides, notes that the Second and Ninth circuits allow the practices so long as common issues predominate, while the Fifth and Eleventh Circuits do not permit them.