Across the country, defense lawyers in antitrust and securities class actions have stepped up efforts to decertify class cases, or moved to prevent certification in the first place, boosted by a spate of sympathetic appellate rulings.

Corporate victories as recently as January in the 3d U.S. Circuit Court of Appeals, and earlier in the 2nd and 5th circuits, have made it tougher for securities and antitrust suits to survive as class actions. The appellate opinions have given new ammunition to defense efforts to shoot down previously certified class cases, giving the defense a greater role in challenging plaintiffs’ experts and evidence, in what may be dress rehearsals of trial evidence.

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