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Rule 23(b)(3) requires the party seeking certification to prove that "questions of law or fact common to class members predominate over any questions affecting only individual members". A plaintiff seeking class certification is not required to prove the elements of his claim at the certification stage, but he must show that the elements of the claim are susceptible to classwide proof.
Justice Ruth Bader Ginsburg, writing for the majority in the 6-to-3 decision, said the plaintiffs' assertion was enough for purposes of class certification because the question at that stage was merely whether, in the words of the relevant rule of civil procedure, "questions of law or fact common to class members predominate over any questions affecting only individual members".
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Sharp-witted schoolteachers — all family members — predominated.
Because the question of materiality is common to the class, and because a failure of proof on that issue would not result in questions "affecting only individual members" predominating, Fed.
However, by comparing different patients, we found that in some patients, expression of miR-17 family members predominated, whereas in others miR-221/222 predominated.
Although several distinct subfamilies of non-autonomous helitrons have been identified in Arabidopsis [ 19], a subfamily > 200 members predominates the genomic landscape [ 20].
However, cleavage of APP by α-secretases (e.g. a disintegrin and metalloprotease [ADAM] family member) predominates under basal conditions.
In 2002, Interpublic remade its board by asking four insiders to leave so that outside members would predominate.
Among other measures, B.K. has tried to shift more police resources to the north, where the minorities predominate, and put Jamiat members in key positions.
And party members worry that the longer the harsh attacks predominate, the more difficult the healing process will become.
These microorganisms are common members of the human gut microbiota and they predominate in breast-fed infants [ 2].
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CEO of Professional Science Editing for Scientists @ prosciediting.com