Publication | GCR
United States - Economist's Perspective: Class Actions – Litigation, Policy and Latest Developments
Robin Cantor, Jeffrey Klenk, James Langenfeld, and Chris Ring
For a matter to proceed as a class action in the US, it must be first certified per the criteria listed in Rule 23 of the Federal Rules of Civil Procedure. Namely, a class must satisfy all criteria of Rule 23(a) and any one of the criteria listed in Rule 23(b). Although these criteria are questions of law ultimately answered by the trier of fact, expert economic analysis often is required to determine whether the proposed class indeed satisfies those criteria. Recent judicial decisions have helped to clarify the role of an expert economist in the class certification process and have helped to impose more analytic rigour in evaluating the Rule 23 criteria.