The following excerpt is from Scott v. Chipotle Mexican Grill, Inc., 954 F.3d 502 (2nd Cir. 2020):
A court examining predominance must assess (1) "the elements of the claims and defenses to be litigated," (2) "whether generalized evidence could be offered to prove those elements on a class-wide basis or whether individualized proof will be needed to establish each class member's entitlement to relief," and (3) "whether the common issues can profitably be tried on a class[-] wide basis, or whether they will be overwhelmed by individual issues." Johnson v. Nextel Commc'ns Inc. , 780 F.3d 128, 138 (2d Cir. 2015).
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