D. C., a Minor, By and Through His Guardian ad Litem, Helen Garter v. San Diego County, California, et al.
1. Does rule 23(c)(4) of the Federal Rules of Civil Procedure ("Rule 23(c)(4)")
require only that common questions predominate over individual ones within
the specific issues that are certified (i.e., liability) rather than in the entire
cause of action (i.e., liability and damages)?
2. When determining whether certification of a liability issue class is superior to
individualized determinations of liability, is it an abuse of discretion for the
court to consider individualized damages issues?
3. Does collateral estoppel apply to a governmental entity such as the County of
San Diego?
4. Is it an abuse of discretion for the court, when conducting its superiority
analysis, to disregard factors such as whether the case has "negative value"
and whether, therefore, absent certification class members will be unable to
feasibly bring individual suits?
Does rule 23(c)(4) require common questions to predominate over individual ones within the specific issues certified rather than the entire cause of action?