Viability of Rule 23(b)(3) Cases After 'Dukes', 'Amgen' and 'Comcast'

Court carves narrow path to class certification.

, New York Law Journal


Barry M. Kazan, a partner at Thompson Hine, and Gabrielle Y. Vázquez, an associate with the firm, write that almost two years after the Supreme Court handed down its landmark class certification decision, the court has clarified and built upon 'Dukes' in two opinions handed down within a month of each other. The tension among the justices on this issue has led to a very narrowly carved path for plaintiffs to seek certification under Rule 23(b)(3), which threatens to curtail, if not completely foreclose, Rule 23(b)(3) class actions.

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