3rd Circ. Revives Duro-Test Workers' Cert. Hopes

Law360, New York (June 2, 2010, 6:41 PM EDT) -- A divided federal appeals court panel has given a group of former employees at lightbulb manufacturer Duro-Test Corp. another chance to have its employment case recertified as a class action despite numerous mistakes from its counsel.

In an opinion issued Friday, the U.S. Court of Appeals for the Third Circuit said that under the plain language of Rule 23(g) of the Federal Rules of Civil Procedure, a district court's decision to certify a class must precede the appointment of class counsel.

But much to the Third...
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