Choice of law is frequently a prominent – and sometimes a pivotal – factor in a court’s analysis of whether to grant or deny certification of a nationwide or multi-state class.

Whether a federal court may apply one state’s law to the claims asserted by the class rather than the law of each class member’s state of domicile can significantly affect the court’s evaluation of both the predominance and manageability tests set forth in Federal Rule of Civil Procedure 23(b)(3).

Originally published in Bloomberg BNA's Class Action Litigation Report - February 12, 2016.