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Second Circuit Clarifies the Analysis and Standard Governing Motions for Class Certification

December 20, 2006

By Neal D. Mollen, Allan S. Bloom, Stephen P. Sonnenberg and Jackie M. Ceurvels

In a decision that will be welcomed by employers that fear or face potential employment discrimination class actions, the United States Court of Appeals for the Second Circuit has reinforced the significant burden of proof putative class representatives face in attempting to
secure class certification under Federal Rule of Civil Procedure 23.