In a recent panel decision affirming denial of class certification, the U.S. Court of Appeals for the Third Circuit examined the predominance requirement vis-à-vis proof of damages and provided some direction to courts scrutinizing certification motions generally. Harnish v. Widener Univ. Sch. of Law, __ F.3d __, 2016 WL 436133 (3d Cir. Aug. 16, 2016).
In Harnish, the putative class alleged that Widener School of Law published misleading employment statistics, thereby inflating the price of tuition in violation of the New Jersey and Delaware Consumer Fraud Acts (NJFCA and DCFA).