Monthly Archives: May 2012

Overbroad Class Definitions: A Gateway to a Numerosity Argument

A recent Iowa federal court decision illustrates the importance of proper class definition—and, in particular, of ensuring that only injured parties are included in the class. Inclusion of uninjured class members can result not only in an overbroad class, but

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When Commonality Occurs Too Late in the Game

 In applying Rule 23(a)’s commonality requirement for class certification, at what point in the analysis of the class members’ claims must the common issue arise? A recent decision by a Massachusetts federal court denying certification to a putative class of

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