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The trial court could have reasonably concluded that the necessity of individualized determinations regarding alleged misrepresentations and failure to disclose, the application of the law to those facts, and questions related to damages reasonably foreclosed certification of the class. Accordingly, the trial court did not abuse its discretion in refusing to certify the class.
November 08, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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