What is the current state of the law on damages in a class action?

MultiRegion, United States of America

The following excerpt is from Leyva v. Medline Indus. Inc., D.C. No. 5:11-cv-00164-RGK-MAN, No. 11-56849 (9th Cir. 2013):

the issue of damages or restitution may well be effectively to sound the death-knell of the class action device.") (internal citation and quotation marks omitted). Thus, "[t]he amount of damages is invariably an individual question and does not defeat class action treatment." Blackie v. Barrack, 524 F.2d 891, 905 (9th Cir. 1975); see also Yokoyama, 594 F.3d at 1089 ("The potential existence of individualized damage assessments . . . does not detract from the action's suitability for class certification."). In deciding otherwise, the district court abused its discretion by applying the wrong legal standard. See Hinkson, 585 F.3d at 1263.

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