Topic: the rule 23(b)(3) predominance inquiry tests whether propos… · Go Syfert
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Topic #124

10 canonical passages across 4 cases, quoted by 964 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Amchem Products, Inc. v. Windsor.

#Case FlagCanonical passage Citers
1 Amchem Products, Inc. v. Windsor Anchor
scotus · 1997
green “the rule 23(b)(3) predominance inquiry tests whether proposed classes are sufficiently cohesive to warrant adjudication by representation.” 211
2 Amchem Products, Inc. v. Windsor
scotus · 1997
green “tests whether proposed classes are sufficiently cohesive to warrant adjudication by representation.” 154
3 Wal-Mart Stores, Inc. v. Dukes
scotus · 2011
green “rule 23 does not set forth a mere pleading standard.” 152
4 Amchem Products, Inc. v. Windsor
scotus · 1997
green “serves to uncover conflicts of interest between named parties and the class they seek to represent.” 108
5 Wal-Mart Stores, Inc. v. Dukes
scotus · 2011
green “commonality requires the plaintiff to demonstrate that the class members 'have suffered the same injury.” 83
6 Wal-Mart Stores, Inc. v. Dukes
scotus · 2011
green “determination of its truth or falsity will resolve an issue that is central to the validity of each one of the claims in one stroke.” 78
7 Amgen Inc. v. Connecticut Retirement Plans and Trust Funds
scotus · 2013
green “merits questions may be considered to the extent-but only to the extent-that they are relevant to determining whether the rule 23 prerequisites for class certification are satisfied.” 59
8 Amgen Inc. v. Connecticut Retirement Plans and Trust Funds
scotus · 2013
green “rule 23 grants courts no license to engage in free-ranging merits inquiries at the certification stage.” 54
9 Adamson v. Bowen
ca10 · 1988
green “differing fact situations of class members do not defeat typicality under rule 23(a)(3) so long as the claims of the class representative and class members are based on the same legal or remedial theory.” 35
10 Amgen Inc. v. Connecticut Retirement Plans and Trust Funds
scotus · 2013
green “merits questions may be considered to the extent - but only to the extent - that they are relevant to determining whether the rule 23 prerequisites for class certification are satisfied.” 30

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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