Also known as: predominances · predominate · predominates · predominated · predominating · predominant · predominance test · predominant commonality
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A requirement for class certification under Rule 23(b)(3) that questions of law or fact common to class members outweigh any questions affecting only individual members.
A requirement for class certification under Rule 23(b)(3) that questions of law or fact common to class members outweigh any questions affecting only individual members.
Select any source to read its text and confirm it supports the definition.
The condition in which race serves as the controlling factor in drawing electoral district lines and subordinates traditional districting principles such as compactness and respect for political subdivisions.
Select any source to read its text and confirm it supports the definition.
The condition in which state-law claims substantially outweigh the federal claims over which a district court possesses original jurisdiction.
Select any source to read its text and confirm it supports the definition.
The condition in which race serves as the controlling factor in drawing electoral district lines and subordinates traditional districting principles such as compactness and respect for political subdivisions.
The condition in which state-law claims substantially outweigh the federal claims over which a district court possesses original jurisdiction.
Each sense below has its own examples, sources, and questions.
Peter Park and hundreds of other delivery drivers sued Prime Logistics alleging systematic underpayment of overtime. The drivers shared identical pay policies and timekeeping systems across all terminals. Because those common policies would resolve liability for the entire group in one stroke, the court found predominance satisfied and certified the class.
Priya Prasad, licensed in two states, drafted a contract while physically present in State A but the transaction closed and affected clients in State B. Because the predominant effect of the conduct occurred in State B, the ethics rules of State B governed the disciplinary proceeding.
Pearl Porter sought to represent a nationwide class of retail employees alleging discriminatory pay practices at Wal-Mart. The evidence showed pay decisions occurred at thousands of individual stores with varying local managers. Because individual questions overwhelmed the common ones, the court denied certification.
Commonality asks only whether common questions exist. Predominance requires that those common questions outweigh individual ones so that classwide adjudication advances the litigation.
Supporting sources
No. Predominance is satisfied when common issues form the central disputed questions even if some individualized damages calculations remain.
Supporting sources
Phoebe Park challenged a new legislative map that connected distant majority-minority neighborhoods while splitting counties and ignoring compactness. Internal records showed staff received instructions to hit a fixed racial quota. Because race overrode traditional criteria, the court applied strict scrutiny and invalidated the plan.
Phuong Pham sued after a redistricting plan created an oddly shaped district that linked distant minority communities while crossing multiple county lines. Legislative history revealed a directive to maximize majority-minority districts. Because race predominated over compactness and political boundaries, the plan failed strict scrutiny.
Plaintiffs must demonstrate that race was the controlling factor and that traditional districting principles such as compactness and respect for political subdivisions were subordinated to racial considerations.
Supporting sources
Pavel Petrov filed a federal copyright claim against Pulse Media and added numerous state-law construction-defect counts arising from the same building project. The state claims required extensive expert testimony and involved many additional local parties. Because the state issues substantially predominated, the court declined supplemental jurisdiction.
A court may decline when the state-law claims substantially predominate over the federal claims in terms of scope, complexity, or proof required.
Supporting sources
…a lesser crime, is still disputed. Bracton, writing early in the 13th century, thought it homicide.[^maj-23] But the later and predominant view, following the great common-law scholars, has been that it was, at most, a lesser offense. In a frequently cited passage, Coke took the position that abortion of a woman "quick with…