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A Case Study On How To Decertify Common Defect Classes

Law360, New York (October 2, 2015, 11:40 AM EDT) -- Defeating class certification is always a hot topic for companies facing large consumer class actions. As a refresher, a class may be certified under Rule 23(b)(3) only if it meets the four prerequisites found in Rule 23(a) — numerosity, commonality, typicality and adequacy of representation — and the two additional requirements in Rule 23(b)(3) — predominance and superiority. Predominance requires that common questions "predominate over any questions affecting only individual members."[1] Failure to satisfy the predominance requirement is by itself sufficient to deny class certification....

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