Add to ORKGCertification of Rule 23(b)(3) antitrust class actions has consumed large amounts of legal energy, with confusing and conflicting results. This Note evaluates current judicial treatment of the predominance of common questions and superiority requirements of Rule 23(b)(3). Using cases involving conspiracies in restraint of trade and unlawful tie-in sales to highlight the impact of procedural decisions in this area on substantive antitrust policies, the author urges a flexible approach to certification that reflects these substantive policies. The Note concludes by briefly discussing legislative dissatisfaction with current class proceedings and by calling for the continued evolution of an active trial bench
In 1980 there were twenty-one antitrust related opinions in the Fifth Circuit. This is about the num...
This book explores in detail those legal issues that arise in counseling, planning, and litigating u...
An ever-increasing number of courts and commentators have advocated a simple solution to the seeming...
Certification of Rule 23(b)(3) antitrust class actions has consumed large amounts of legal energy, w...
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 ...
Over roughly the past fifteen years, the Supreme Court and lower federal courts have limited access ...
The United States Supreme Court, in its 1974 decision, Eisen v. Carlisle & Jacquelin, held that judg...
On April 16, 2015, in Byrd v. Aaron’s Inc., the U.S. Court of Appeals for the Third Circuit articula...
In modern class action practice, the class action device can enormously expand the availability of j...
Over the past three decades, the juridical link and concerted action exceptions have evolved from ...
A district court has broad discretion in deciding whether a suit may be maintained as a class action...
This Comment examines the difficulties of certifying a defendant class under the Federal Rules of Ci...
The 1966 amendment of Rule 23 provided plaintiffs with an extremely powerful procedural device. Sinc...
This Note argues that past purchasers of a product have standing to pursue injunctive relief under R...
In 1980 there were twenty-one antitrust related opinions in the Fifth Circuit. This is about the num...
This book explores in detail those legal issues that arise in counseling, planning, and litigating u...
An ever-increasing number of courts and commentators have advocated a simple solution to the seeming...
Certification of Rule 23(b)(3) antitrust class actions has consumed large amounts of legal energy, w...
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 ...
Over roughly the past fifteen years, the Supreme Court and lower federal courts have limited access ...
The United States Supreme Court, in its 1974 decision, Eisen v. Carlisle & Jacquelin, held that judg...
On April 16, 2015, in Byrd v. Aaron’s Inc., the U.S. Court of Appeals for the Third Circuit articula...
In modern class action practice, the class action device can enormously expand the availability of j...
Over the past three decades, the juridical link and concerted action exceptions have evolved from ...
A district court has broad discretion in deciding whether a suit may be maintained as a class action...
This Comment examines the difficulties of certifying a defendant class under the Federal Rules of Ci...
The 1966 amendment of Rule 23 provided plaintiffs with an extremely powerful procedural device. Sinc...
This Note argues that past purchasers of a product have standing to pursue injunctive relief under R...
In 1980 there were twenty-one antitrust related opinions in the Fifth Circuit. This is about the num...
This book explores in detail those legal issues that arise in counseling, planning, and litigating u...
An ever-increasing number of courts and commentators have advocated a simple solution to the seeming...