Federal Rules of Civil Procedure
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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.

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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.




Third Circuit Upholds Dismissal of Indirect Purchaser Class in Auto Transmission Case, Revives Individual Claims

On February 9, the US Court of Appeals for the Third Circuit upheld a ruling by the US District Court for the District of Delaware that indirect purchasers of Class 8 transmissions did not meet the requirements for class certification. The Third Circuit found that only the individual claims may proceed in the case. The opinion is significant because it reaffirms the difficulty indirect purchaser plaintiffs face when attempting to certify a class.

Read the full article here.




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