In class certification under Rule 23(b)(3), a plaintiffs' damages model must be capable of measuring damages on a classwide basis consistent with the theory of liability.
Class Actions
Rule 23(a)(2) commonality requires plaintiffs to demonstrate a common question capable of generating classwide answers, not merely common questions of law or fact.
Class action settlement certification requires satisfaction of Rule 23 requirements including predominance and adequacy of representation, not relaxed merely because settlement is sought.
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