Predominance
2 articles tagged with "Predominance".
The Predominance Trap: Why the Energizer-Walmart Certification Denial is a Lethal Blow to Macro-Antitrust Class Actions
The Era of "Macro-Economic Hand-Waving" at the Certification Stage is Over For the better part of a decade, the plaintiffs’ antitrust bar has relied on a predictable, lucrative playbook: allege a sprawling, headline-grabbing price-fixing conspiracy b...
The "Health Halo" Hazard: Why the Tenth Circuit’s Revival of the American Spirit Class Action Eviscerates the Individualized Reliance Defense
The Death of the "Different Strokes" Defense in Consumer Class Actions For years, defense counsel facing consumer fraud class actions have relied on a trusty, intuitive shield to defeat class certification: human fickleness. The argument is simple. C...
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