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Defendants are (properly) accustomed to opposing class certification by attempting to show that there are many individualized issues—for example, as to causation of the alleged injuries or reliance on alleged misrepresentations—that common issues do not predominate and/or that a classwide trial would be unmanageable. The plaintiffs’ bar has responded by arguing that certain individualized issues need not be proven for all class members—in effect, redefining a cause of action to eliminate its traditional elements and thereby avoid individualized questions. But that shortcut to class certification raises serious constitutional concerns because it may violate a defendant’s due process right to present every available defense as to individual class members’ claims.

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