Asking The Hard Questions In Class Action Litigation

Law360, New York (June 15, 2012, 12:23 PM EDT) -- It is common practice in class action litigation for plaintiffs to limit their claims to those legal theories or claims for relief that are most suited to classwide adjudication, and to decline to assert claims that require extensive individualized fact finding.

For example, a consumer wronged by an allegedly deceptive business practice under a product warranty might choose to plead only a breach of contract claim on behalf of the class, concerned that individualized issues of reliance presented by a fraud or consumer protection act claim...
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