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Moses Silverman, Aidan Synnott and William Michael Publish Article in New York Law Journal on Class Certification Standards
May 11, 2009 Full PDF
Litigation partners Moses Silverman and Aidan Synnott, and associate William Michael published an article in today's New York Law Journal, titled "Class Certification Standards Tighten." The article discusses recent decisions in the federal courts of appeals that have changed the landscape for plaintiffs and defendants in antitrust class actions, requiring a more stringent standard of review for class certification. In addition to heightening the burden for plaintiffs on class certification motions, these decisions place greater emphasis on the role played by expert testimony in antitrust class actions before the merits of cases are reached. The stringent standard of proof that courts are now applying may lead to more discovery from defendants than what was previously permitted in support of class certification.