In re New Motor Vehicles Canadian Export Antitrust Litigation: Examining the Requisite Levels of Inquiry into the Merits of a Case at the Class Certification Stage

18 Pages Posted: 23 Jul 2009  

Seth H. Yeager

affiliation not provided to SSRN

Date Written: August 1, 2009

Abstract

This note examines the recent United States Court of Appeals for the First Circuit decision in In re New Motor Vehicles Canadian Export Antitrust Litigation (Motor Vehicles), specifically the court's treatment of Federal Rule of Civil Procedure 23 (Rule 23) in an antitrust context. It isolates the issue concerning the appropriate level of inquiry into the merits of a case during the Rule 23 class certification stage of a court proceeding. The note begins by detailing the language of Rule 23 and by discussing the relevant United States Supreme Court jurisprudence. It continues by exploring the dissention among circuits and commentators' interpretations of the rule. The note ultimately concludes that the First Circuit's ruling in Motor Vehicles was correct because it supports the adoption of a mandatory weak-form rule in the class certification setting.

Keywords: Delaware, Journal, Corporate, Law, New Motor Vehicles, Canada, Canadian, antitrust, rule 23, 23, class, certification

Suggested Citation

Yeager, Seth H., In re New Motor Vehicles Canadian Export Antitrust Litigation: Examining the Requisite Levels of Inquiry into the Merits of a Case at the Class Certification Stage (August 1, 2009). Delaware Journal of Corporate Law (DJCL), Vol. 34, No. 2, 2009. Available at SSRN: https://ssrn.com/abstract=1437802

Seth H. Yeager (Contact Author)

affiliation not provided to SSRN ( email )

Register to save articles to
your library

Register

Paper statistics

Downloads
113
rank
225,752
Abstract Views
1,083
PlumX