High Court's Message In Recent Class Certification Vacatur

Law360, New York (June 4, 2013, 1:10 PM EDT) -- Yesterday, the U.S. Supreme Court vacated a second product liability class certification ruling in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the Supreme Court decision earlier this year confirming that the predominance requirement governing class certification rulings under Rule 23(b)(3) is “demanding” and thus requires a “close look” by the presiding court before certification is granted. See Sears, Roebuck & Co. v. Butler, No. 12-1067 (U.S. June 3, 2013).

By coincidence, the two product liability cases vacated and remanded by the court...
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