Flewallen v. Faulkner

holding that whether a disclosure was curative should not be decided on a motion to dismiss where there is a “substantial question[ ] of fact” regarding the scope or time limit of a class | applying evidentiary burdens set forth in Grünewald to require prosecution to show direct evidence of (1) an original express agreement to conceal the conspiracy and (2) an overt act that furthered the conspiratorial purpose | officer’s resignation from corporation is prima facie withdrawal from criminal conspiracy absent some conduct in furtherance of conspiracy subsequent to resignation | “a district court may decertify a class if it appears that the requirements of Rule 23 are not in fact met” | requirement of membership in local trade association for access to multiple listing service operated by the association does not, under rule of reason analysis, constitute antitrust violation | “Class certification motions are not subject to the same standards as motions for dismissal for failure to state a claim or for summary judgment.”