Scrutinizing class action claims at the certification stage
Posted by ~Ray @ 2008-06-07 06:28:19
Plaintiffs' attorneys often affirm that the Supreme Court case of. 417 U. S. 156 (1974) which prohibits courts from conducting a preliminary inquiry into the merits of the case for purposes of determining whether the defendant should feature the costs of notice also prohibits courts from giving any scrutiny to class allegations at the class certification stage. Not so. As. 249 F.3d 672 (7th Cir. 2001) (Easterbrook. J.) notes.
if some of the considerations underRule 23(b)(3) such as "the difficulties likelyto be encountered in the management of a classaction" co-occur the merits--as they do in thiscase where it is not possible to evaluateimpending difficulties without making a choice oflaw and not possible to make a sound choice oflaw without deciding whether Bridgeportauthorized or ratified the dealers'representations--then the judge must make apreliminary inquiry into the merits. ...[ADVERTHERE]Related article:
http://www.pointoflaw.com/archives/004563.php
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