Labor/Employment
May 1, 2012
Divided by a common language: Brinker vs. Wal-Mart, Pt. 2
California focuses on a comparative approach to class certification instead of simply whether there are common questions "central" to the case. By Brad Seligman of Lewis, Feinberg, Lee, Renaker & Jackson PC
Uncommon Commonality
The central issue in most class certification motions is whether there are issues common to all class members sufficient to justify class treatment. This requirement, referred to in the lawyer coined term "commonality," is used in both California and federal class action cases, but with differing meanings. Under the Federal Rules, commonality is a prerequisite for all class actions, which must show that &q...
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