Class Action Trends and Developments. CERTIFICATION. 26(a) Numerosity Commonality Typicality Adequacy. 26(b)(3) *Predominance Superior Method. Dukes v. Wal-Mart Common questions & Common answers Rigorous analysis; may overlap merits. Pre-Certification. Post-Certification
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*Recognizes if not decided pre-certification, not likely decided at all
Extent Daubert applies to class cert.
Extent court must consider merits issues
Extent individual adjudication of damages makes class cert inappropriate.
Key Idea: Rigorous analysis cuts both ways; develop substantive record for class certification proceedings
Creating confusion about "injury" vs. "damages"
Failure to Disclose
Hodgepodge of laws
"No injury" cert. granted
"No injury" cert. denied
*Comcast may clarify these issues.
Does arbitration clause cover class action?
Class action waivers