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Moses Silverman and Aidan Synnott, partners at Paul, Weiss, Rifkind, Wharton & Garrison, and William Michael, an associate at the firm, write that the majority of circuit courts now require a more stringent standard of review for class certification decisions in antitrust and non-antitrust cases alike. This includes the Third Circuit, where until recently antitrust classes were certified under a relaxed standard of proof. Similarly, the First Circuit requires a "searching inquiry" at the class certification stage in antitrust cases, not only where basic facts are disputed between the parties, but also where plaintiffs' case relies on a novel theory of legally cognizable injury.
May 11, 2009 at 12:00 AM
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