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Class Members Uninjured Class Members FRCP 23

Troutman Pepper Locke

Supreme Court Avoids Class-Action Review Due to Mootness Concerns

Troutman Pepper Locke on

On June 5, the U.S. Supreme Court dismissed a writ of certiorari as improvidently granted, leaving unresolved a significant question regarding class-action certification under Federal Rule of Civil Procedure 23. The question...more

Kilpatrick

Antitrust class actions: Ninth Circuit rules that predominance “cannot be outsourced to a jury”

Kilpatrick on

Takeaway: We have posted a number of articles about whether Rule 23’s predominance requirement can be satisfied when a proposed class includes uninjured class members. See, e.g., D.C. Circuit denies class certification...more

Pierce Atwood LLP

After-Effects of In re Asacol: Recent District Court Decisions on Certification and Uninjured Class Members

Pierce Atwood LLP on

About a year ago, I observed that the First Circuit in In re Asacol Antitrust Litigation had constrained plaintiffs’ ability to rely on affidavits to prove injury-in-fact. In so doing, the First Circuit substantially...more

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