Some courts have experimented with a partial class certification procedure whereby a class is certified to decide certain common issues on liability, and then any class member who wishes to pursue their own claim has to file their own individual lawsuit and prove the remainder of their case on liability and damages. One of the
Issues Classes
When Is An Issues Class Appropriate for Certification? New Third Circuit Opinion Follows the ALI Principles of Aggregate Litigation
By Wystan Ackerman on
Posted in Class Certification Standards
Following Wal-Mart, I expect we will see more attempts by plaintiffs to try to certify issues classes under Rule 23(c)(4), which provides that “[w]hen appropriate, an action may be brought or maintained as a class action with respect to particular issues.” Courts have disagreed about when issues classes may be certified under this provision. …