The US Supreme Court declined on Monday to hear an appeal brought by the Educational Commission for Foreign Medical Graduates over the criteria to certify an issue class under Rule 23 of the Federal Rules of Civil Procedure.
It’s at least the fifth time the high court has declined to resolve questions about the claimed circuit split over the interplay between Rule 23(b)(3), which authorizes a class action where common questions predominate over individual questions, and Rule 23(c)(4), which allows issue certification when “appropriate.”
According to ECFMG, the Third Circuit, along with a plurality of appeals courts, have adopted an ...
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