Class Action Issues: Certification, Settlement and Arbitration

, New York Law Journal


In his Antitrust column, Elai Katz, a partner at Cahill Gordon & Reindel, reviews a Seventh Circuit decision that patients and payors challenging a hospital merger should not have been required to show uniform price increases to obtain certification to pursue their claims as a class, a Second Circuit reaffirmation of its ruling that a class arbitration waiver clause was not enforceable because it would effectively preclude the plaintiffs' ability to vindicate their rights, and more.

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