Rule 23 now provides a clear mechanism for determining who will be bound by a judgment on the merits: class certification. If the proposed class is sufficiently cohesive—i.e., it meets the ...

Takeaway: Class certification of damages claims frequently turns on whether individual issues predominate over common issues under Federal Rule 23(b)(3). Class plaintiffs facing predominance problems ...

Plaintiffs have the burden to prove by the preponderance of the evidence that Rule 23’s prerequisites are satisfied. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), applies full ...

An analysis of 143 Rule 23(f) petitions at the U.S. Court of Appeals for the Ninth Circuit reveals a "striking" divergence in grant rates for petitions filed by plaintiffs and those filed by ...

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