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Class Certification Now an 'Olympic High Hurdle Event' in the Third Circuit

By Jeffrey H. Newman

In a recent opinion issued by Chief Judge Scirica (not Chief Judge Sirica; the “Watergate” judge died in 1992), the Third U.S. Circuit Court of Appeals has clarified the hurdle height to “jump over” in order to obtain class action certification. In so doing, the Third Circuit has both “ratified” and, at the same time, “put greater bite into” the trend of imposing a stricter standard for certification. In short, the court re-affirmed that the rules for certification are not based on mere pleadings, but require an actual, careful determination. In Re Hydrogen Peroxide Antitrust Litigation, 552 F. 3d 305 (3d Cir. 2008).

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