with the District Courts application of Rule 23(a), the Court of Appeals found, inter alia, that there were no conflicts of interest sufficiently serious to undermine the adequacy of class counsels representation. As to Rule 23(b)(1)(B), the court approved the class certification on a limited fund rationale based on the threat to other class members ability to receive full payment from Fibreboards limited assets. This Court then decided Amchem Products, Inc. v. Windsor, 521 U.S. 591, vacated the Fifth Circuits judgment, and remanded for further consideration in light of that decision. The Fifth Circuit again affirmed the District Courts judgment on remand.Held: ...
