Class Certification Requirements
Can a class be certified if it contains some members who have suffered no injury?
- D.C. Circuit: “All” class members must be injured for class to be certified.
- Seventh Circuit: Class can be certified as long as a “great many” class members are not injured, and 2.4 percent is not too many.
- First Circuit: Class cannot be certified when “defendant will have no opportunity to press at trial genuine challenges to allegations of injury-in-fact,” and defendant will not have such an opportunity when 10 percent of class members are not injured.