Sears, Roebuck and Company v. Butler

(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.