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'The Rule 23(b)(3) predominance inquiry tests whether proposed classes are sufficiently cohesive to warrant adjudication by representation.' Amchem Prods., 521 U.S. at 623. In examining this requirement, the Court is to 'conduct a limited preliminary inquiry, looking behind the pleadings . . . to determine whether, given the factual setting of the case, if the plaintiffs' general allegations are true, common evidence could suffice to make out a prima facie case for the class.' Blades v. Monsanto Co., 400 F.3d 562, 566 (8th Cir. 2005) (internal citation omitted). 'This necessarily requires an examination of the underlying elements necessary to establish liability for plaintiffs' claims,' and the predominance standard is satisfied only if those elements 'can be proven on a systematic, class-wide basis.' Id. at 569 (citations omitted).
Determining whether the plaintiffs can clear the predominance hurdle set by Rule 23(b)(3) requires district courts to consider 'how a trial on the merits would be conducted if a class were certified.' Sandwich Chef of Texas, Inc. v. Reliance Nat'l Ins. Indem. Co., 319 F.3d 205, 218 (5th Cir. 2003). This, in turn, 'entails identifying the substantive issues that will control the outcome, assessing ...
