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Full-Text Articles in Law

Market Impact, Loss Causation And Multiple Regression Modeling - The Importance Of Modular Theories Of Damage Causation In Antitrust Class Certification Motion Practice After Comcast V. Behrend, Laurence A. Steckman, Robert E. Conner, Stuart J. Rosenthal May 2014

Market Impact, Loss Causation And Multiple Regression Modeling - The Importance Of Modular Theories Of Damage Causation In Antitrust Class Certification Motion Practice After Comcast V. Behrend, Laurence A. Steckman, Robert E. Conner, Stuart J. Rosenthal

Touro Law Review

No abstract provided.


Ascertainability In The Third Circuit: Name That Class Member, Daniel Luks Apr 2014

Ascertainability In The Third Circuit: Name That Class Member, Daniel Luks

Fordham Law Review

The 1966 amendment of Rule 23 provided plaintiffs with an extremely powerful procedural device. Since then, much controversy has surrounded Rule 23. Judges have often shown hostility towards certification of frivolous class actions that result in large fees for attorneys but little recovery for class members. The Third Circuit has recently used the requirement that a class be ascertainable to create an extremely high bar for certification of small-claims consumer class actions. Such class actions in the Third Circuit are essentially fruitless unless a plaintiff can individually identify all potential class members prior to class certification. The Third Circuit is …