Law Practice
May 28, 2010
Using Declarations to Obtain Or Defeat Class Certification
Whether you represent plaintiff or defendant, evidence from putative class members may be critical at the class certification stage, write Michael Cypers and Jennifer Romano of Crowell & Moring.
It seems almost daily a California court issues a decision on class certification. Frequently, the decision turns on whether common questions of fact and law predominate over individualized issues of putative class members. While each case is fact-specific and courts come out on both sides of this question, in many cases courts rely in large part on evidence from putative class members other than the class representat...
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