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Certification Agency Wins Appeal in Suit Over Fraudster Doctor

Sept. 24, 2021, 5:10 PM

Patients of a former doctor certified by the Educational Commission for Foreign Medical Graduates lost an appeal over issue-class certification, after the Third Circuit said the lower court failed to complete two out of the three steps necessary for assessing class status.

The lower court analyzed whether the proposed issue-class met threshold requirements for certification under Federal Rules of Civil Procedure Rule 23(a), which includes among other things, identifying questions of law and fact common to the class and assessing whether the class will be sufficiently numerous.

It failed however, to consider the following subsection, Rule 23(b), which governs the ...

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