Rule 23(c)(4) permits certification of an action with respect to particular issues. Common issues such as duty, defect, or general causation may be certified while individual causation and damages proceed separately.
Circuits differ on whether predominance must be satisfied for the case as a whole.
Alternative Names:
Rule 23(c)(4) Certification, Partial Certification
Why it Matters?
Issue certification is the plaintiff's response to predominance failure, allowing certification of what is common while conceding that individual issues remain. The circuit split on whether predominance applies to the whole action or only the certified issues is decisive, since the broad view forecloses the device wherever individual issues dominate overall. The Seventh Amendment reexamination problem is the other recurring objection.
Frequently Confused with
Related terms
Frequently asked questions
What is the circuit split?
What is the Seventh Amendment objection?
