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This section contains the nature of the case and procedural background.

A Global Settlement Agreement established a $1.53 billion trust fund to which Fibreboard contributed $10 million. That agreement did not provide class members the right to opt-out. The judge in the case ruled that the Agreement was fair, adequate, and reasonable and that Rule 23(b)(1) and (b)(2) were met. Another agreement was also reached that $2 billion would be put up to cover the situation that would exist if the class action were not approved by the federal courts. Two plaintiff groups appealed. The Fifth Circuit approved, and the Supreme Court granted certiorari.

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