Choice of Law / Class Actions / Products Liability

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nyg22
Posts: 32
Joined: Sun Dec 09, 2012 2:31 am

Choice of Law / Class Actions / Products Liability

Postby nyg22 » Tue Dec 11, 2012 6:13 pm

Hi all,

Thinking through an issue of class action lawsuit based on design defect with plaintiffs domiciled in all 50 states, and defendant manufactured product in New York.

For the purposes of deciding whether a B3 class action would be possible, we would need to decide whether common questions of law predominate and whether class cert. is superior.

Would the product liability law be NY law where the product was manufactured? Or would the law need to be based on all 50 states where injury occurred (thus defeating predominate)?

Thanks!

mr.hands
Posts: 892
Joined: Fri Jul 13, 2012 4:23 pm

Re: Choice of Law / Class Actions / Products Liability

Postby mr.hands » Tue Dec 11, 2012 10:23 pm

prob need to create subclasses to go for b(3). Then there might be a shot. Without subclasses, you'll have a Wal-Mart v. Dukes problem




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