Consumer Class Actions: 10.6.2.5.4 Subclasses as a means of dealing with differences in law
Another approach to obtaining multistate—or possibly even nationwide—certification is to use subclasses, into which class members can be grouped according to certain elements of their state’s law. For example, the need for privity of contract in an implied warranty action. The leading case in this regard is In re Asbestos School Litigation.