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Whether within the intent of Congress or not when adopting 28 USC 724 (1934), the situation was effectively reversed in 1938, [2] the year the Federal Rules of Civil Procedure took effect. Federal courts are now required to apply the substantive law of the states as rules of decision in cases where state law is in question, including state ...
In federal courts, class actions are governed by Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A. § 1332(d). [74] Cases in federal courts are only allowed to proceed as class actions if the court has jurisdiction to hear the case, and if the case meets the criteria set out in Rule 23.
Florida's approach to class actions is similar to the Federal Rules of Civil Procedure, Rule 23. [19] Two differences are that Florida requires that the pleading alleges that the class action prerequisites are met in a specific formulaic way, and Florida usually requires class members to be notified in all class actions. [20]