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Weighing in on a subject that has divided the federal circuits-"whether a court may employ Rule 23(c)(4)(A) to certify a class as to a specific issue where the entire claim does not satisfy Rule 23(b)(3)'s predominance requirement"- the 2d Circuit has answered that question in the affirmative, clearing the path for lower courts to certify issue classes more frequently.
October 30, 2006 at 12:00 AM
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