THE CLASS ACTION STRUGGLE CONTINUES: THE PROBLEMS EISEN IGNORED

In the field of federal court practice and procedure there is no subject that recently has been so frequently dissected, analyzed, critiqued, paneled and workshopped as class actions under Federal Rule 23. The subject brings terror to the heart of the American businessman, joy to the consumer advocate, and generally kindles the fires of belligerency in the bellies of us lawyers. Even the humblest defense lawyer enjoys uttering the dread invocation "Eisen";1 or perhaps even "Eisen IV";2 "Eisen IIP';3 "Eisen Π";4 or "Eisen I".5 But the issues laid to rest by the Supreme Court in Eisen IV by no means occupied the entire class action field. The battle continues on other fronts.