Obtaining Class Certification in the United States

Developments in antitrust class actions over the past year highlight the critical role that the certification decision plays. In the United States, the denial of class certification “may sound the ‘death knell’ of the litigation on the part of plaintiffs.”

To obtain class certification, plaintiffs must satisfy the four requirements in Rule 23(a) of the Federal Rules of Civil Procedure (numerosity, commonality, typicality and adequacy) and at least one of the requirements in Rule 23(b). McDermott’s Nicole L. Castle, David L. Hanselman, Jr. and Steven Vaughn authored the section “United States: Class Action Defense” of Global Competition Review’s America’s Antitrust Review 2020, in which they discuss the requirements of the Rules and offer insight for those seeking class certification.

Access the full article.

An extract from GCR’s America’s Antitrust Review 2020, first published in September 2019. The whole publication is available at https://globalcompetitionreview.com/edition/1001388/americas-antitrust-review-2020.

David L. Hanselman, Jr.David L. Hanselman, Jr.
David L. Hanselman, Jr. represents clients in a broad range of antitrust and class action lawsuits. He is a member of the firm’s antitrust and competition practice, which has been named to Global Competition Review’s “Global Elite” list of the top 25 competition practices in the world for five years running. David defends businesses in large, complex antitrust litigations and specializes in antitrust class actions. Read David Hanselman's full bio.


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Nicole CastleNicole Castle
Nicole L. Castle provides legal counsel on complex civil and criminal antitrust litigation. She regularly represents clients in complex, multidistrict class action antitrust litigation alleging Sherman Act violations. She also defends mergers and acquisitions before the US Department of Justice (DOJ) and Federal Trade Commission (FTC). Nicole counsels clients on strategies for addressing cartel prosecutions and defenses, from the inception of government investigations to the initiation of civil class action litigation. Read Nicole L. Castle's full bio.

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