Circuit Splits Reported in U.S. Law Week—October 2024

U.S. Law Week summarizes selected splits among U.S. federal courts of appeals each month.

Civil Procedure

Case:

Jacks v. DirectSat USA, LLC, 2024 BL 351447 (Article)

Issue:

When is it proper to certify an issues-only class under Fed.R.Civ.P. 23(c)(4)? The Seventh Circuit joins the Second, Third, Fourth, Sixth, and Ninth circuits, holding that certification is proper as long as common questions predominate in resolving the individual issues to be certified. The Fifth Circuit limits Rule 23(c)(4) classes to cases where the cause of action, taken as a whole, satisfies Rule 23(b)(3)'s predominance requirement. The D.C. Circuit says that common ...