Attacking Class Certification on a Motion to Dismiss? A Recent Decision Says There is a Way
Plaintiffs often try to define the broadest possible class at the outset of a case on the belief that the scope of the class can be refined on class certification after discovery has been completed. For this strategy to work, however, plaintiffs must get past the pleading stage. Historically, this has not been too difficult for class plaintiff. But a recent decision in In re Railway Industry Employee No-Poach Antitrust Litigation suggests that the tide…