As defense lawyers, our instincts tell us to take our shot at a dispositive ruling on the merits if it might allow us to avoid a class certification hearing. We know that the material facts aren’t in dispute and that we should win on the law, if we can just get the judge to ignore the plaintiffs’ attorneys constant spin [...]
Archive for April 16th, 2008
Practice Tip: Consider the Implications of a Pre-Certification Dispositive Motion
Posted in Practice Tips, tagged claim preclusion, collateral estoppel, FRCP 56, issue preclusion, pre-certification, res judicata, rule 23, Rule 56, summary judgment on April 16, 2008 | Leave a Comment »
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