Debunking Class Certification Myths

Law360, New York (January 6, 2012, 5:46 PM EST) -- Two oft-repeated refrains from plaintiffs in class actions are that a court’s class certification decision should be “undertaken with no consideration of the merits” (an actual quote from a current case) and that any doubts should be resolved in favor of certifying a class. Recent case law shows that both statements are inconsistent with the requirements for a class action under Federal Rule of Civil Procedure 23.

The Merits Are Not Off Limits

As support for avoiding the merits, plaintiffs frequently cite to the United States...
To view the full article, register now.