Defects include definitions requiring merits determinations to identify members, encompassing uninjured individuals, or lacking objective criteria. Fail-safe definitions conditioning membership on liability are impermissible.
Courts may redefine rather than deny certification.
Alternative Names:
Defective Class Definition|Class Definition Challenge
Why it Matters?
Courts frequently redefine rather than deny, which limits the value of definitional attacks standing alone and makes pairing them with predominance and standing arguments necessary. Overbreadth capturing uninjured members converts the definitional problem into a TransUnion standing problem that redefinition cannot easily solve. Fail-safe definitions are the clearest defect and are readily identified from the pleading.
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Frequently asked questions
Why do definitional attacks have limited value alone?
Which defect resists redefinition?
