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The Quest for Class Certification

By Scott Edward Cole and Matthew R. Bainer
October 01, 2003

Part Two of a Two-Part Article

Last month, we introduced our primer on the “leniency” standard for FLSA actions, and its interplay with Rule 23 guidelines. We called the quest for class certification “the most feared battle waged in litigation,” and went on to explain that if well-regarded class action practitioners were surveyed, there would almost assuredly be a consensus that the quest for class certification is exactly that to a targeted defendant.  We discussed the FLSA's opt-in burden, and the liberal standard in our previous article. This month, we address the seemingly irreconcilable approaches taken by some courts.

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