United States Second Circuit

In a putative securities class action claim, denial of plaintiff-Teamsters' motion for class certification is affirmed where: 1) district court applied the correct standard of proof, the preponderance of the evidence standard, to the decision; 2) the court did not make clearly erroneous factual finding in denying class certification; 3) district court was not required to permit a full evidentiary hearing before employing a preponderance of the evidence standard; and 4) district court was not obligated to allow additional class discovery before denying class certification.

Appellate Information

• Decided 10/14/2008
• Published 10/14/2008

Judges

Court

• United States Second Circuit

Counsel