Certification orders are conditional and may be altered before final judgment. Motions rest on discovery revealing individualized issues, expert model failures, or changed legal standards.
Timing before trial is typical.
Alternative Names:
Motion to Decertify|Decertification
Why it Matters?
Post-certification merits discovery frequently reveals the individualized variation that certification briefing could only project, which makes decertification a genuine second opportunity rather than a formality, particularly where the damages model failed to establish classwide impact once applied to actual data. Filing before the pretrial conference preserves the argument, since courts are reluctant to decertify on the eve of trial.
Frequently Confused with
Related terms
Frequently asked questions
Why is decertification a genuine opportunity?
When should the motion be filed?
