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....
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