By now, most class action lawyers are familiar with the argument that a court must take a “close look” during the class certification stage in order to ensure that certification is indeed practicable and appropriate.
Fortune Favors the Prepared Lawyer: The Benefits of a Trial Plan at the Class Certification Stage
By now, most class action lawyers are familiar with the argument that a court must take a "close look" during the class certification stage in order to ensure that certification is indeed practicable and appropriate. <i>Castano v. American Tobacco Co.</i>, 84 F.3d 734, 740 (5th Cir. 1996) (reversing certification decision for failure to assess "how a trial on the merits would be conducted"). This "close look," or "rigorous analysis," is not meant as an opportunity to prejudge the merits of the case, but is instead intended to give the court a realistic sneak preview of what trial of the issues will entail.
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Will W. SachseThis premium content is locked for LawJournalNewsletters subscribers only
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