Russell v. Educational Commission for Foreign Medical Graduates

U.S. Court of Appeals for the Third Circuit

Tab Group

Merits Stage

Third Circuit decertifies class for failure to consider whether the issues for a Rule 23(c)(4) “issues” class satisfy 23(b)(3)’s predominance and superiority requirements but declines to require the cause of action as a whole to satisfy those requirements

September 24, 2021

Click here to view the opinion.

U.S. Chamber files amicus brief urging Third Circuit to hold that Rule 23(c)(4) “issues” classes are not a separate type of class action exempt from Rule 23(b)(3)’s predominance and superiority requirements

September 9, 2020

Click here to view the Chamber’s amicus brief. Matthew A. Fitzgerald and Gilbert C. Dickey of McGuireWoods LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents

Class Cert. Opinion -- Russell v. ECFMG (E.D. Pa.).pdf

Rule 23(f) Petition -- Russell v. ECFMG (Third Circuit).pdf

U.S. Chamber Amicus Brief -- Russell v. ECFMG (Third Circuit).PDF

Opinion -- Russell v. ECFMG (Third Circuit).pdf