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- The class action is “an exception to the usual rule that litigation is conducted by
- and on
- behalf
- of
- the individual nam
- ed parties only
- .”
- Wal-Mart Stores, Inc. v. Dukes
- , 131 S.Ct. 2541,
- 2550 (2011) (quoting
- Califano v. Y
- amasaki
- , 442 U.S. 682, 700-01 (1979)). In order to justif
- y a
- departure f
- rom
- that rule, “a class representative must be part of the class and ‘possess the same
- interest and suf
- fer the sam
- e injury
- ’ as the class m
- em
- bers.”
- Id.
- (citing
- E. Tex. Motor Freight Sys.,
- Inc. v. Rodriguez
- , 431 U.S. 395, 403 (1977)). In this regard, Rule 23 contains two sets of
- class
- certif
- ication requirem
- ents set f
- orth in Rule 23(a) and (b).
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