context: The law is "settled that affirmative defenses should be considered in making class certification decisions."
citation_a.signal: see also
citation_a.identifier: 84 F.3d 734, 744
citation_a.parenthetical: "Going beyond the pleadings is necessary, as a court must understand [inter alia] defenses ... in order to make a meaningful determination of the certification issues."
citation_a.sentence: Waste Mgmt. Holdings v. Mowbray, 208 F.3d 288, 295 (1st Cir.2000); see also Majority Op. at 138, 139 (a court must examine “defenses in determining whether a putative class meets the requirements of Rule 23(b)(3)”) (emphasis added); Castano v. American Tobacco Co., 84 F.3d 734, 744 (5th Cir.1996) (“Going beyond the pleadings is necessary, as a court must understand [inter alia] defenses ... in order to make a meaningful determination of the certification issues.”); cf. Broussard v. Meineke Discount Muffler Shops, 155 F.3d 331, 342 (4th Cir.1998) (certification is “erroneous” when affirmative defenses “may depend on facts peculiar to each plaintiffs case”) (citation omitted).
citation_b.signal: cf.
citation_b.identifier: 155 F.3d 331, 342
citation_b.parenthetical: certification is "erroneous" when affirmative defenses "may depend on facts peculiar to each plaintiffs case"
citation_b.sentence: Waste Mgmt. Holdings v. Mowbray, 208 F.3d 288, 295 (1st Cir.2000); see also Majority Op. at 138, 139 (a court must examine “defenses in determining whether a putative class meets the requirements of Rule 23(b)(3)”) (emphasis added); Castano v. American Tobacco Co., 84 F.3d 734, 744 (5th Cir.1996) (“Going beyond the pleadings is necessary, as a court must understand [inter alia] defenses ... in order to make a meaningful determination of the certification issues.”); cf. Broussard v. Meineke Discount Muffler Shops, 155 F.3d 331, 342 (4th Cir.1998) (certification is “erroneous” when affirmative defenses “may depend on facts peculiar to each plaintiffs case”) (citation omitted).