The Privacy Class Action Review - 2023 - Report - Page 9
Typicality – The plaintiffs’ claims and defenses must be typical to those of proposed
class members’ claims. This is required by Rule 23(a)(3).
Wal-Mart Stores, Inc. v. Dukes, et al., 564 U.S. 338 (2011) – Wal-Mart is the U.S.
Supreme Court ruling that tightened the commonality requirement of Rule 23(a)(2) and
held that judges must conduct a “rigorous analysis” to determine whether there is a
“common” contention central to the validity of the claims that is “capable of class-wide
resolution.” It is arguably the most important decision on Rule 23 class certification
standards.
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© Duane Morris LLP 2023
Duane Morris Privacy Class Action Review – 2023
