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...
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