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6 Sep 2011, 12:39 pm by J. Russell Jackson
  It rejected the idea that a trial court can never touch the merits of the case in deciding class certification, thereby sticking a fork in the old Eisen [v. [read post]
11 Jul 2011, 11:52 am by Sheppard Mullin
As the Ninth Circuit noted, arguments in favor of a less rigorous analysis at the class certification stage were often based on a "misunderstanding" (see Dukes, 603 F.3d at 582) of the following statement in Eisen v. [read post]
28 Jun 2011, 8:00 am by Bruce Nye
The more interesting question is what happens now that the US Supremes have thrown Eisen v. [read post]
24 Jun 2011, 1:24 pm by Roy Ginsburg
Courts can and should consider the merits at class certification The Court’s observations about the nature of commonality led it to clarify the meaning of two decisions that feature in virtually every class-certification fight: Eisen v. [read post]
22 Jun 2011, 6:07 pm
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22 Jun 2011, 6:07 pm
Prospect, IL 60056-5788 AMERICAN SERVICE FINANCE CORPORATION DBA MERCHANTS INTERSTATE COLLECTION AGENCY 640 PLAZA DR STE 310 HIGHLANDS RANCH, CO 80129 AMERIQUEST RECOVERY SERVICES LLC 1845 HIGHWAY 93 SOUTH STE 310 KALISPELL, MT 59901 AMSHER COLLECTION SERVICES INC 600 BEACON PKY STE 300 BIRMINGHAM, AL 35209 APEX FINANCIAL MANAGEMENT LLC 1120 LAKE COOK RD BUFFALO GROVE, IL 60089 APOLLO CREDIT AGENCY INC DBA WESTERN RECOVERY INC DBA ULTRACHEK INC 3501 S TELLER ST LAKEWOOD, CO… [read post]
21 Jun 2011, 9:11 am by Walter Olson
Russell Jackson bluntly assesses the case’s fate: “Stick a fork in Eisen v. [read post]
21 Jun 2011, 5:00 am by Bexis
  Id. at n. 6 (characterizing the former view of Eisen as “purest dictum” and “contradicted by our other cases”).So as to Eisen, it’s the end of an error. [read post]
20 Jun 2011, 9:25 pm by Paul Karlsgodt
  For more than 30 years, plaintiffs’ counsel and many courts have cited the Court’s opinion in Eisen v. [read post]
21 Apr 2011, 9:38 am by Erik Gerding
Whether the Fifth Circuit improperly considered the merits of the underlying litigation, in violation of both Eisen v. [read post]