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Perspective

Nov. 9, 2009

Class Action Defendants Given Preemptive Power

Nick Pujji, Ana Tagvoryan and Joshua Briones of DLA Piper examine Vinole v. Countrywide Home Loans, Inc. and class certification.

CIVIL PROCEDURE

By Nick Pujji, Ana Tagvoryan and Joshua Briones

Class and representative actions are often complex and involve high stakes, presenting risk of substantial damage awards and other exposures to commercial enterprises. A class action - as its name implies - usually rises and falls on whether certification of the class is actually achieved.

As far back as 1974, class certification in California could be decided "on motion of eithe...

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