Whether a RICO class may be certified under Federal Rule of Civil Procedure 23(b)(3) based on a presumption of injury

QUESTIONS PRESENTED 1. Whether a RICO class may be certified under Federal Rule of Civil Procedure 23(b)(3) based on a presumption that all class members were injured by the allegedly fraudulent activity, even though defendants presented unrebutted evidence that the presumption is plainly not true in many individual instances. 2. Whether all circuit courts of appeals should apply the same standards in deciding whether to grant petitions for interlocutory review of class certification orders under Federal Rule of Civil Procedure 23(f). (i)