Class-action requirements put in focus

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 19, 2014 2:42 PM

The U.S. Supreme Court requires judges to apply “rigorous analysis” when deciding whether to certify a case as a class action under Rule 23 of the Federal Rules of Civil Procedure. Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013). Clarifying what the “rigorous analysis” requirement means when a judge considers whether common questions of law or fact predominate over issues affecting only individual members of the proposed class, the 7th U.S. Circuit Court of Appeals reversed a ruling by a U.S …

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