Monthly Archives: August 2012

Establishing Predominance in Defective Disclosure Cases

A recent New York federal court opinion illustrates the difficulty in establishing predominance where the primary injury alleged is overpayment for a defective product based on misrepresentation or concealment of the defect. In Oscar v. BMW of North America, the

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Identification of Absent Class Members: How Much Effort is Enough?

How much effort must parties to a class action settlement expend in order to ensure that all class members have notice of the settlement and an opportunity to object? Rule 23(c)(2)(B) requires “reasonable effort,” but when does ensuring individual notice

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