Simon Reversed

As a law clerk to Judge Jack Weinstein, I worked on the Simon II case, where the court certified a nationwide, punitive-damages only, limited fund class.  I thought that Simon was a great way to approach the issue, and I thought that the court's reasoning was persuasive.  (Of course, I may be biased, since I helped draft it).

The Second Circuit apparently disagreed with my assessment; just last Friday, the court of appeals reversed the class certification decision. 

The Second Circuit's opinion can be read here.