Moving Toward A 'Single Injunction Rule'?

Law360, New York (October 19, 2011, 1:58 PM EDT) -- Litigation over class certification is commonly dominated by a comparison of so-called “common” issues to “individual” ones. In layman’s terms, we generally think about the appropriateness of class action treatment in terms of the straightforward question: Are class members more alike than they are different? In the case of Rule 23(b)(3) monetary relief classes, the rules essentially parrot this question, asking whether “the questions of law or fact common to class members predominate over any questions affecting only individual members.”

This requirement of overarching similarity is...
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