John C. Coffee, Jr., the Adolf A. Berle professor of law at Columbia University Law School and director of its Center on Corporate Governance, writes that defense counsel has essentially two weapons in resisting certification of f-cubed classes: (1) the superiority requirement, which works when the foreign jurisdiction will not give preclusive effect to the U.S. judgment or settlement; and (2) the "conduct" test for subject matter jurisdiction, which has recently been applied more rigorously by some courts, but still remains unpredictable.
New York Law Journal
September 18, 2008
This article requires premium access
This article requires premium access to The New York Law Journal. Please sign in or subscribe to read the full text.