Predominance asks whether questions common to the class predominate over questions affecting only individual members. It is more demanding than the commonality prerequisite and applies only to Rule 23(b)(3) damages classes.
Courts examine what evidence would be required at trial and whether individualized inquiries would overwhelm common proof.
Alternative Names:
Predominance Requirement, Rule 23(b)(3) Predominance
Why it Matters?
Predominance is where most certification battles are decided, and the productive defense argument is usually individualized damages combined with individualized reliance, causation, or exposure. Identifying the specific individual inquiries that trial would require, rather than asserting generally that members differ, is what defeats certification. Damages methodology is a particular focus following Comcast.
Frequently Confused with
Related terms
Frequently asked questions
How does predominance differ from commonality?
What most often defeats predominance?
