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Getting Aggressive About Adequacy: Challenging the Credibility of Class Representatives

By The Editors on February 2, 2010
Posted in Certification

In a class action, the named plaintiff is supposed to be an adequate representative of the proposed class. While a number of courts have pointed out that the idea that the named plaintiff drives the litigation is largely a legal fiction, it remains a fiction integral to Rule 23. So, given what does it…

Making the 30(b)(6) Deposition Work for You

By The Editors on December 29, 2009
Posted in Discovery

One reason that class actions are notable is that the discovery is particularly one-sided.  The plaintiff likely has few documents, and little to say in deposition about her claims. So the defense spends much of its time in discovery – there’s no better way to say it – playing defense: making sure that it…

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