This Article traces the development of class certification by several circuit courts to embrace merits scrutiny at the class certification stage and critically examines the jurisprudential principles motivating it
This year marks the fiftieth anniversary of the adoption of Federal Rule of Civil Procedure Rule 23,...
On September 11, 2019, Judge Dan Aaron Polster of the United States District Court for the Northern ...
This Article argues that in recent years courts have cut back sharply on plaintiffs’ ability to brin...
The United States Supreme Court, in its 1974 decision, Eisen v. Carlisle & Jacquelin, held that judg...
There is a vast literature on the modern class action, but little of it is informed by systematic em...
This Article develops two arguments against a possible trend in federal appellate courts toward impo...
Some courts appear to have begun to revise the standard for granting class certification, including ...
In Eisen v. Carlisle & Jacquelin, the Supreme Court declared that federal courts may not conduct a p...
While class actions have been in decline in federal mass tort litigation since at least the 1990s, a...
The class action device is vital to deterring securities fraud and remedying its victims, who almost...
Achieving class certification in consumer litigation is a highly controversial and greatly debated a...
This Comment explores the reasons why the Third Circuit’s high rigorous analysis standard, which inc...
This brief article makes the case for enhanced judicial scrutiny of summary judgment motions prior t...
While the purposes of class actions are easy to comprehend, the actual application and requirements ...
The rough equivalence of certification and ultimate outcome is class action dogma. If certification ...
This year marks the fiftieth anniversary of the adoption of Federal Rule of Civil Procedure Rule 23,...
On September 11, 2019, Judge Dan Aaron Polster of the United States District Court for the Northern ...
This Article argues that in recent years courts have cut back sharply on plaintiffs’ ability to brin...
The United States Supreme Court, in its 1974 decision, Eisen v. Carlisle & Jacquelin, held that judg...
There is a vast literature on the modern class action, but little of it is informed by systematic em...
This Article develops two arguments against a possible trend in federal appellate courts toward impo...
Some courts appear to have begun to revise the standard for granting class certification, including ...
In Eisen v. Carlisle & Jacquelin, the Supreme Court declared that federal courts may not conduct a p...
While class actions have been in decline in federal mass tort litigation since at least the 1990s, a...
The class action device is vital to deterring securities fraud and remedying its victims, who almost...
Achieving class certification in consumer litigation is a highly controversial and greatly debated a...
This Comment explores the reasons why the Third Circuit’s high rigorous analysis standard, which inc...
This brief article makes the case for enhanced judicial scrutiny of summary judgment motions prior t...
While the purposes of class actions are easy to comprehend, the actual application and requirements ...
The rough equivalence of certification and ultimate outcome is class action dogma. If certification ...
This year marks the fiftieth anniversary of the adoption of Federal Rule of Civil Procedure Rule 23,...
On September 11, 2019, Judge Dan Aaron Polster of the United States District Court for the Northern ...
This Article argues that in recent years courts have cut back sharply on plaintiffs’ ability to brin...