Plaintiffs Should Be Prepared to Present Merits Evidence at the Class Certification Stage

August 17, 2023  |  New York Law Journal

To prevail at the class certification stage, courts have consistently placed the onus on the named plaintiffs to demonstrate that common issues predominate over individual ones. In their latest article for the New York Law Journal, “Plaintiffs Should Be Prepared to Present Merits Evidence at the Class Certification Stage,” Morvillo Abramowitz partners Edward M. Spiro and Christopher B. Harwood explore Judge Lewis Liman’s recent decision in Passman v. Peloton Interactive, Inc., denying class certification based on plaintiffs’ failure to propound sufficient evidence that common issues predominate.

Plaintiffs Should Be Prepared to Present Merits Evidence at the Class Certification Stage (pdf | 138.98 KB)