Importance Of Individual Questions In Class Certification

Law360, New York (January 18, 2013, 12:26 PM EST) -- A California appeals court's Jan. 3, 2013, decision in White v. Hollister Co. reversed and remanded the trial court's opinion denying class certification to a class of consumers who claimed that defendant Hollister Co. refused to honor gift cards that failed to include an expiration date on the face of the card.

While the court's decision confirms that a uniform misrepresentation leads to inference of reliance as to an entire class and can therefore make certification appropriate, the appellate court declined to order the trial court to certify the class. Instead, the appellate court remanded to the trial court to determine...

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