In recent years, courts have reached divergent conclusions about the circumstances in which a damages class containing uninjured persons can be certified. Although there is some room to debate what constitutes injury, it is well established that individual litigants who have not suffered any injury at all should not recover; after all, injury in
Must Class Counsel’s “Proof” that Rule 23 Is Met Satisfy the Rules of Evidence?
Posted in Appeals, Ascertainability, Class Certification, Commonality, Numerosity, Predominance, Superiority
All class-action practitioners understand the importance of a court’s decision to certify a class—the pivotal point at which a putative class action can transform into a reality, promising vast settlement pressure on the defendant, even over potentially meritless claims. A cert petition filed with the Supreme Court on September 14 in Taylor Farms Pacific v.