Issue: (1) Whether the predominance requirement of
Federal Rule of Civil Procedure 23(b)(3) is satisfied by the purported “efficiency”
of a class trial on one abstract issue, without considering
the host of individual issues that would need to
be tried to resolve liability and damages and without
determining whether the aggregate of common issues
predominates over the aggregate of individual
issues; and (2) whether a product liability class may be certified
where it is undisputed that most members did
not experience the alleged defect or harm.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.