Restoring the Balance of Class Certification Power in the Fifth Circuit: the United States Supreme Court’s Opinion in Erica P. John Fund, Inc. v. Halliburton, Co.

The Fifth Circuit, like other circuits, occasionally finds itself in conflict with the other circuit courts. Oscar Private Equity Investments v. Allegiance Telecom, Inc. and Archdiocese of Milwaukee Supporting Fund, Inc. v. Halliburton Co. created one of these conflicts in the context of class certification under Federal Rule of Civil Procedure 23. On June 6, 2011, the United States Supreme Court resolved this conflict with its unanimous decision in Erica P. John Fund, Inc. v. Halliburton Co.