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« New unpublished opinion addresses Concepcion: Samaniego v. Empire Today LLC | Main | U.S. Supreme Court distributes Brown v. Ralphs Grocery Co. for conference this Friday »

Tuesday, April 10, 2012


Louis Benowitz

Page 26 of the Brinker slip opinion also supports the notion that certification denials have no preclusive effect and that Alvarez is dead. Otherwise, there would be effectively no risk of successive class actions on the same issues once a defendant defeats certification. Also, the Fireside Bank rule would be of little consequence because adverse determinations regarding substantive legal standards enmeshed in commonality inquiries at the certification stage would bind absent class members.

Kimberly A. Kralowec

That is an excellent point, Louis. I think you're right.

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