Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 Commonality is the rule requiring a plaintiff to show that 'there are questions of law or fact common to the class.' Rule 23(a)(2). That language is easy to misread, since 'any competently crafted class complaint literally raises common `questions.'' Nagareda, Class Certification in the Age of Aggregate Proof, 84 N.Y.U.L.Rev. 97, 131-132 (2009). Commonality requires the plaintiff to demonstrate that the class members 'have suffered the same injury,' General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 157. This does not mean merely that they have all suffered a violation of the same provision of law. Title VII, for example, can be violated in many ways-by intentional discrimination, or by hiring and promotion criteria that result in disparate impact, and by the use of these practices on the part of many different superiors in a single company. Quite obviously, the mere claim by employees of the same company that they have suffered a Title VII injury, or even a disparate-impact Title VII injury, gives no cause to believe that all their claims can productively be litigated at once. Their claims must depend upon a common contention-for example, the assertion of discriminatory bias on the part of ...

Register or login to access full content



Professors
Professionals
Students