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Class Certification: Will Gorsuch Pick Up Where Scalia Left Off?

, New York Law Journal


Jeremy M. Creelan writes: For two decades leading up to Justice Antonin Scalia's death, the U.S. Supreme Court's class certification jurisprudence took shape as a dialogue between Justices Scalia and Ruth Bader Ginsburg over the commonality and predominance requirements of Federal Rule of Civil Procedure 23(a)(2) and (b)(3), respectively. With Scalia's passing, the court has hinted that it will embrace Ginsburg's pragmatic approach in future cases. But a surprisingly few clues indicate whether Judge Neil Gorsuch of the Tenth Circuit will follow in Scalia's footsteps in this area.

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