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Antoninetti v Chipotle – Discovery of Absent Class Members

By The Editors on June 28, 2011
Posted in Discovery

Defendants face a dilemma when dealing with absent class members. On the one hand, they often have valuable information about a case, either as sources for variations that would defeat certification or as trial witnesses. On the other hand, plaintiffs will vigorously oppose any contact with absent class members, even if it is for…

Class Actions at Trial – Absent Class Members as Witnesses

By The Editors on February 18, 2010
Posted in Motions Practice

Class actions rarely go to trial, so it’s rare to learn anything from published decisions about how a class action gets tried. However, in Pierce v. County of Orange, the Ninth Circuit had to grapple with several evidentiary issues unique to class action. In Pierce, several prisoners in Orange County’s prison system filed a…

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