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The U.S. Supreme Court long ago instructed judges to engage in a "rigorous analysis" of Fed. R. Civ. P. 23's class certification requirements. Yet an earlier high court decision -- Eisen v. Carlisle & Jacquelin -- was routinely invoked by plaintiffs in an attempt to discourage that analysis. The 2d Circuit recently joined other courts in rejecting this argument.
January 25, 2007 at 12:00 AM
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The original version of this story was published on National Law Journal
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