Predominance? Class Defendant Must Introduce Evidence that Individualized Issues Predominate
By EsqSocial Corporation 23/01/17
Takeaway: To prevail on the predominance issue, an evidentiary showing is required. Defense counsel should prove – either through declaration or deposition testimony – that a particular defense (such as consent under the TCPA) applies to individual...
By: Kilpatrick Townsend & Stockton LLP