Rigorous certification analysis; across-the-board Title VII representation requires typicality/adequacy alignment
Civil Procedure — FRCP 23 class actions
Representative/statistical evidence may support (b)(3) predominance where appropriate under governing substantive law
Securities fraud-on-the-market presumption and certification — Basic presumption remains, subject to rebuttal evidence at certification
To establish (b)(3) predominance, damages methodology must measure damages attributable to the certified theory of liability
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