In order to have a class certified, the plaintiffs have the burden of proving to the satisfaction of the court, “after a rigorous analysis,” that they comply with Rule 23—that is, that “there are in fact sufficiently numerous parties, common questions of law or fact, etc.” Wal-Mart Stores Inc. v. Dukes, 564 U.S. 338, 350-51 (2011) (internal quote omitted). One of the findings required by Rule 23 is that common issues predominate, as discussed in last month’s blog post by Travis Hinman. Predominance as to damages requires a showing that the members of a proposed class were ...
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