Judicial Fact Finding Increasing in Class Action Certification Hearings

Class action certification under the Federal Rules of Civil Procedure (“FRCP”) only permit a class action if, among other things, “there are questions of law or fact common to the class.” (FRCP 23)

This means that trial judges in US District courts are often called upon to determine whether common questions of law or fact exist.

But examining these issues often means that judges are not only determining whether common questions exist for class certification purposes, but also determining important factual matters that should be resolved on the merits as part of a jury trial.

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Published In: Business Torts Updates, Civil Procedure Updates, General Business Updates, Consumer Protection Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Peter S. Bauman - Senior Commercial Litigation Attorney Callahan & Blaine, (714) 241-4444 (office) / (949) 842-1720 (mobile) | Attorney Advertising

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