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Class Confusion? Interpreting Rule 23(b)(3) on Certification

New York Law Journal

February 14, 2012

In their Antitrust Trade and Practice column, Neal R. Stoll and Shepard Goldfein, partners at Skadden, Arps, Slate, Meagher & Flom, writes that recently, several courts outside the Third Circuit have imposed the stricter class certification requirements set forth in that court's seminal 'Hydrogen Peroxide' decision. These standards, however, raise unique issues in the context of settlement classes.

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