Consumer Class Actions: 17.1 Introduction
A class case should be prepared for trial like any other complex case—counsel should carefully consider at the outset of the case what legal standards apply, how liability and damages will be proven, and how a court will manage a trial of the size and type counsel has filed. Because these issues have important implications for meeting the class certification requirements of commonality, predominance, superiority and manageability, consideration given early in the litigation to how the case will be tried will help maximize the prospects for certification.