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Second Circuit Review: Merit-Based Class Cert Determinations
February 27, 2006 Full PDF
Marty Flumenbaum and Brad Karp's "Second Circuit Review" column appeared in the February 27 New York Law Journal. The article, "Merit-Based Class Cert Determinations," reports on a recent decision by the U.S. Court of Appeals for the Second Circuit in Heerwagen v. Clear Channel Communications, in which the court held that a district court, in determining whether to certify a class action, may consider the merits of the case. The authors note that this decision "looms as an enormously powerful weapon for defendants opposing class certification." Associate Stephen Yuhan assisted with the preparation of this article.