Hankerson v. North Carolina

How later courts describe this case

• employing a “common sense approach” and finding the commonality requirement satisfied where the class was “united by a common interest in determining whether a defendants’ course of conduct is in its broad outlines actionable.”
• inquiring into the merits of claim inappropriate on class certification motion
• fraud perpetrated on numerous persons by use of similar representations appealing situation for class actions
• with respect to the element of reliance, a common question existed because reliance involved an objective—as opposed to a subjective—standard
• conflict on damages does not preclude class certification unless it is imminent and at the very heart of the suit
• trial judge deciding class certification motion "is necessarily bound to some degree of speculation by the uncertain state of the record on which he must rule"
• class certification granted in action involving 27 month class period with more than 45 documents, including two annual reports, six quarterly reports and various press releases
• “We think procedures can be found and used which will provide fairness to the defendants and a genuine resolution of disputed issues while obviating the danger of subverting the class action with delaying and harassing tactics”