Posted: December 1, 2011
By: Eric L. Cramer and Joshua P. Davis
Source: Antitrust Magazine; American Bar Association
Practice Areas: Antitrust
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.
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