An August 31, 2010 trial court decision in Plastic Additives Antitrust Litigation is likely to be widely cited by defense counsel in class action cases provides an important example of the scrutiny needed in evaluating dueling testimony by experts. The decision is an early case to apply the standard required in the standard articulated by the Court of Appeals for the Third Circuit in 2008. Background Well before parties litigate the merits of a class action, the plaintiff representative of a purported class of harmed persons moves for certification by the court of the alleged class of similarly situated plaintiffs. This is a critical stage in class action litigation because a successful motion to certify class can increase the litigation risk and
A US trial Court holds a more rigorous approach to class certification (Plastic Additives Antitrust Litigation)
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