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Corporate Litigation: Absent Class Members and Article III Standing

06.11.20

In their column for the New York Law Journal, Litigation Partner Joe McLaughlin and Associate Shannon McGovern discuss recent developments in the law addressing absent class members and Article III standing. They explain that when certification of a proposed class risks allowing uninjured class members to participate in a class action, an essential part of the Rule 23 predominance analysis is evaluating whether individualized questions about which members have standing predominate over questions susceptible to class-wide proof.

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