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A Questionable New Standard for Class Certification in Antitrust Cases

DATE: December 1, 2011
BY: Eric L. Cramer and Joshua P. Davis
SOURCE: Antitrust Magazine; American Bar Association
In recent years, a new standard appears to have emerged regarding class certification. Courts have largely dismissed the notion – originally derived from Eisen v. Carlisle & Jacquelin – that they cannot resolve issues relevant to the merits in deciding whether to certify a class. How far they may delve into the merits, however, has remained somewhat of a mystery. View the full article here.

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