When a plaintiff appeals an order denying class certification, the appellate court can also review an interim order denying a motion to strike the defendant’s declarations if the interim order was related to the merits of the denial of certification, the decision on the motion to strike necessarily affected the denial of certification, and the decision on the motion to strike affected the plaintiff’s substantial rights. A trial court has a duty, and the authority, to exercise control over precertification communications between parties and putative class members; the court must closely scrutinize declarations filed in opposition to certification, if they were obtained under potentially coercive circumstances.
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- Eli Kantor
- Beverly Hills, California, United States
- Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; email@example.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com