INSIGHT: The Misunderstood Damages Defense to Class Certification
February 22, 2019
Sidley lawyers Mark Blocker, Frank Favia, and Olivia Sullivan discuss the state of the law on whether individualized issues of damages can preclude class certification. As the authors explain, while courts have issued what may at first blush seem like conflicting rulings on whether issues relating to damages can prevent class certification, the cases are easily harmonized. The current state of the law is best understood to mean that, when individualized damages can be determined formulaically or with minimal effort, courts may be willing to find predominance satisfied. But when individualized damages issues require person-specific evidence and can only be determined through a series of mini-trials, courts will find that predominance is not satisfied and deny class certification.