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Businesses threatened by class action lawsuits have welcomed the recent development by the federal courts of increasingly stringent evidentiary burdens and standards for class certification under Federal Civil Procedure Rule 23. Of particular note has been the willingness of the federal appeals courts to insist that trial courts require that plaintiffs satisfy their burdens under Rule 23 with admissible evidence and not mere allegations, even if those determinations overlap the merits of the case. |
