Common individualized issues include consent, reliance, exposure to the representation, injury, statute of limitations, and damages. Their presence does not automatically defeat certification but must be weighed against common questions.
Damages variation alone rarely defeats certification.
Alternative Names:
Individual Issues|Member-Specific Issues
Why it Matters?
Damages variation alone rarely defeats predominance, which means the challenge must identify individualized liability issues rather than resting on damages differences, since courts routinely certify liability classes with individualized damages proceedings. Consent, reliance, and exposure are the liability-side issues that succeed. Quantifying the number of members requiring individual inquiry strengthens the argument beyond asserting the category exists.
Frequently Confused with
Related terms
Frequently asked questions
Does damages variation defeat certification?
Which issues succeed?
