DiCello Levitt Partner Dan Schwartz is quoted in a Virigina Lawyers Weekly article, “Courts Should Look to Rule 23 for Class Certification Decisions.”
The article highlights a February 9 decision by the U.S. Court of Appeals for the Fourth Circuit reviving a case challenging Navy Federal Credit Union’s mortgage lending practices.
Chicago attorney Daniel R. Schwartz of DiCello Levitt, who represented the plaintiffs, said the “significant” decision from the federal appellate panel “recognized that courts should not shut down class allegations in cases like this before plaintiffs have any opportunity to access the evidence.”
It also serves as a reminder that class allegations will be closely scrutinized from the outset of litigation, he added, requiring plaintiffs “to plead accordingly.”
“When drafting the complaint, we anticipated that a Rule 23(b)(2) class was the most viable path to certification, given the unique challenges a Rule 23(b)(3) class presents in a disparate-impact race-discrimination case,” Schwartz said. “Our complaint reflected that recognition, which ultimately led to the reversal here.”
Read the full article here.
