October 13, 2016 Practice Points

Third Circuit: Lack of Damages “Predominance” in Law School Employment Statistics Case

The court also clarifies the appropriate level of District Court “scrutiny” at class certification

by Joshua S. Levy

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).

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