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Class Certification Can Be Bifurcated for Liability and Damages
The court rejects the Fifth Circuit rule that an action cannot be certified
under Rule 23(b)(2), Fed.R.Civ.P., if the class claims include compensatory
and punitive damages other than "incidental" damages. (These are damages
that are capable of objective calculation and not dependent on the
individual circumstances of class members, and ...
under Rule 23(b)(2), Fed.R.Civ.P., if the class claims include compensatory
and punitive damages other than "incidental" damages. (These are damages
that are capable of objective calculation and not dependent on the
individual circumstances of class members, and ...
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