Schleicher And Antitrust Class Certification

Law360, New York (November 4, 2010, 4:14 PM EDT) -- In its recent decision, Schleicher v. Wendt, 2010 U.S. App. LEXIS 17367 (7th Cir.), the Seventh Circuit Court of Appeals weighed in on the extent to which district courts should evaluate merits-based issues when considering whether to certify a class under Fed. R. Civ. Proc. Rule 23(b)(3). While Schliecher is a securities case, its analysis may be applied to antitrust cases.

For example, in antitrust class actions, defendants may argue that the issue of antitrust impact requires an examination of merits-based issues such as whether all...
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