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| Article |
| Recent Fourth Circuit Class Certification Decisions Shed Light on Mootness, Standing, and Evidentiary Burden at Class Certification |
| Andrew Carter and Michelle Liguori |
| 33 Class Actions & Derivative Suits 28 (2023) |
| Library Access |
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Abstract: Over the past year, the Fourth Circuit has issued three decisions on class certification—all of which either affirmed certification or reversed and remanded to the district court to rule on certification. The opinions show the Fourth Circuit applying key principles in class action practice, including mootness and the relation-back exception, standing in injunctive relief class actions, and the evidentiary burden for showing predominance. Below we present a short dive into each of these issues and a few takeaways. |
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