Morgan Lewis partner Richard Taffet and associate Jonathan Justl authored a New York Law Journal article about class certification under Federal Rule of Civil Procedure 23(b)(3) where it includes at least 55,000 concededly uninjured members. In the piece, they discuss requirements for certification and a recent case in the Eastern District of New York that address the issue, In re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation.
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