Predominance
The Rule 23(b)(3) requirement that common questions predominate over individual ones.
The central battleground of damages class certification. Individualised issues of exposure, reliance, injury, or damages defeat predominance where they would swamp the common proof — which is why mass torts involving individual medical causation are aggregated through MDL rather than certified as classes.
See also
- Rule 23The Federal Rule of Civil Procedure governing class actions.
- SuperiorityThe requirement that a class action be the superior method of adjudication.
- Multidistrict Litigation (MDL)Federal consolidation of related civil actions before one judge for coordinated pretrial proceedings.
- Specific CausationWhether the product actually caused this claimant's injury.
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