What is Rule 23(b)(3)'s predominance requirement?

What is Rule 23(b)(3)'s predominance requirement?

• A. Common issues must predominate over individual issues for damages actions.
• B. Individual issues must predominate over common issues for liability actions.
• C. There is no predominance requirement for class actions.
• D. Predominance applies only to equitable claims.

Answer: (A)

In Rule 23(b)(3) the key requirement is predominance: the questions of law or fact common to the class must predominate over questions affecting only individual members. This means the class action is appropriate when the main issues that will decide liability are shared by all class members and are more significant than the individual issues that would require addressing each member separately, such as varying damages. Even though damages may differ among class members, liability or the core merits can be resolved on a class-wide basis. The other statements stray from the rule: predominance isn’t about individual issues dominating, it isn’t non-existent, and it isn’t limited to equitable claims.

In Rule 23(b)(3) the key requirement is predominance: the questions of law or fact common to the class must predominate over questions affecting only individual members. This means the class action is appropriate when the main issues that will decide liability are shared by all class members and are more significant than the individual issues that would require addressing each member separately, such as varying damages. Even though damages may differ among class members, liability or the core merits can be resolved on a class-wide basis. The other statements stray from the rule: predominance isn’t about individual issues dominating, it isn’t non-existent, and it isn’t limited to equitable claims.