Nov. 9, 2012
Judicial fact-finding on the rise in class certification
Courts are now basically required to resolve any merits questions bearing on class certification, even if plaintiffs will have to prove those issues again at trial.
Brian S. Kabateck
Founding and Managing Partner, Kabateck LLP
Consumer rights
633 W. Fifth Street Suite 3200
Los Angeles , CA 90071
Phone: 213-217-5000
Email: bsk@kbklawyers.com
Brian represents plaintiffs in personal injury, mass torts litigation, class actions, insurance bad faith, insurance litigation and commercial contingency litigation. He is a former president of Consumer Attorneys of California.
On Nov. 5, the U.S. Supreme Court heard oral argument in two cases that address the degree to which district court judges may make pre-trial factual determinations on the merits of a case during class certification. Amgen v. Connecticut Retirement Plans and Trust Funds, No. 11-1085 and Comcast Corp. v. Behrend, No. 11-864.
Federal Rule of Civil Procedure 23 provides that a class action cannot be maintained unless "there are questions of law or fact common to the clas...For only $95 a month (the price of 2 article purchases)
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