The objection asks how liability, causation, injury, and damages would be proven at a single trial. Absence of a workable plan supports predominance, superiority, and manageability challenges.
Some courts require a trial plan at certification.
Alternative Names:
Trial Plan Challenge|Manageability Trial Plan Objection
Why it Matters?
Requiring the plaintiff to articulate the trial mechanics exposes individualized issues that certification briefing describes abstractly, since specifying which witnesses would testify and what common proof would establish each element frequently reveals that member-by-member inquiry is unavoidable. Presenting the defense's own version of what class trial would require is more persuasive than arguing manageability in the abstract.
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Frequently asked questions
What does the objection expose?
What presentation is most persuasive?
