Which of the following is a ground for class action certification?

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Multiple Choice

Which of the following is a ground for class action certification?

Explanation:
Predominance of common questions drives certification under Rule 23(b)(3). The court must find that the issues common to all class members are more significant in resolving the dispute than any individual issues, so that a single set of liability questions can drive the outcome for everyone. This ensures the case is manageable as a class action and that litigation won’t devolve into separate trials for each member. Risk of adverse effects from separate actions isn’t a certification ground; it’s a circumstance that might motivate a class action but doesn’t by itself certify the class. Commonality and numerosity are prerequisites to class treatment, but the specific certification standard emphasized here—especially for a 23(b)(3) class—is the predominance of common questions.

Predominance of common questions drives certification under Rule 23(b)(3). The court must find that the issues common to all class members are more significant in resolving the dispute than any individual issues, so that a single set of liability questions can drive the outcome for everyone. This ensures the case is manageable as a class action and that litigation won’t devolve into separate trials for each member.

Risk of adverse effects from separate actions isn’t a certification ground; it’s a circumstance that might motivate a class action but doesn’t by itself certify the class. Commonality and numerosity are prerequisites to class treatment, but the specific certification standard emphasized here—especially for a 23(b)(3) class—is the predominance of common questions.

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