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A Questionable New Standard for Class Certification in Antitrust Cases

Publication Date: 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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