D. C., a Minor, By and Through His Guardian ad Litem, Helen Garter v. San Diego County, California, et al.
DueProcess Privacy ClassAction
Does rule 23(c)(4) require common questions to predominate over individual ones within the specific issues certified rather than the entire cause of action?
QUESTIONS PRESENTED 1. Does rule 23(c)(4) of the Federal Rules of Civil Procedure (“Rule 23(c)(4)”) require only that common questions predominate over individual ones within the specific issues that are certified (i.e., liability) rather than in the entire cause of action (i.e., liability and damages)? 2. When determining whether certification of a liability issue class is superior to individualized determinations of liability, is it an abuse of discretion for the court to consider individualized damages issues? 3. Does collateral estoppel apply to a governmental entity such as the County of San Diego? 4. Is it an abuse of discretion for the court, when conducting its superiority analysis, to disregard factors such as whether the case has “negative value” and whether, therefore, absent certification class members will be unable to feasibly bring individual suits? i