context: However, Rule 23(c)(4) is not a stand-alone clause. It does not permit plaintiffs to ignore the requirements of 23(a) or (b). Plaintiffs cannot sever issues in an attempt to circumvent Rule 23(b) requirements.
citation_a.signal: see also
citation_a.identifier: 2007 WL 2363135, at *1
citation_a.parenthetical: "Rule 23(c)(4) issue certification is allowed only if the Rule 23(b) requirements are first met as to the claim and the court has done a searching analysis of plaintiffs' cause of action as a whole..."
citation_a.sentence: See In re Vioxx Prod. Liab. Litig., 239 F.R.D. 450, 462 (E.D.La.2006) (disallowing “creative use of bifurcation” to sever individual causation and damages issues because the “cause of action, as a whole, must satisfy the predominance requirement of (b)(3)”); see also In re Katrina Canal Breaches Consol Litig., No. CIV A 05-4182, 2007 WL 2363135, at *1 (E.D.La. Aug. 16, 2007) (“Rule 23(c)(4) issue certification is allowed only if the Rule 23(b) requirements are first met as to the claim and the court has done a searching analysis of plaintiffs’ cause of action as a whole...”).
citation_b.signal: see
citation_b.identifier: 239 F.R.D. 450, 462
citation_b.parenthetical: disallowing "creative use of bifurcation" to sever individual causation and damages issues because the "cause of action, as a whole, must satisfy the predominance requirement of (b
citation_b.sentence: See In re Vioxx Prod. Liab. Litig., 239 F.R.D. 450, 462 (E.D.La.2006) (disallowing “creative use of bifurcation” to sever individual causation and damages issues because the “cause of action, as a whole, must satisfy the predominance requirement of (b)(3)”); see also In re Katrina Canal Breaches Consol Litig., No. CIV A 05-4182, 2007 WL 2363135, at *1 (E.D.La. Aug. 16, 2007) (“Rule 23(c)(4) issue certification is allowed only if the Rule 23(b) requirements are first met as to the claim and the court has done a searching analysis of plaintiffs’ cause of action as a whole...”).