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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cantwell v. J & R Properties Unlimited, Inc., 924 A.2d 355 (2007)

Citation
Cantwell v. J & R Properties Unlimited, Inc., 924 A.2d 355 (2007)
Parent Document
Cantwell v. J & R Properties Unlimited, Inc., 924 A.2d 355 (2007)
Jurisdiction
New Hampshire (state)
Effective Date
2007-05-30

Other Sections in This Document (66)

Full Text

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sufficiency will be tested later — by a motion for summary judgment..., and if necessary by trial. By contrast, an order certifying a class usually is the [trial] judge’s last word on the subject; there is no later test of the decision’s factual premises____Before deciding whether to allow a case to proceed as a class action, therefore, a judge should make whatever factual and legal inquiries are necessary under Rule 23. Szabo, 249 F.3d at 675-76.