Amchem Prods. Inc. v. Windsor
In Amchem Prods. Inc. v. Windsor, 521 U.S. 591, 615, 138 L. Ed. 2d 689, 117 S. Ct. 2231 (1997), the United States Supreme Court reemphasized the importance of vigorously applying the predominance requirement in a class-action certification that sought global settlement of current and future asbestos-related claims.
There the Supreme Court emphasized the importance of carefully scrutinizing the predominance standard to ensure that the proposed class is "sufficiently cohesive to warrant adjudication by representation." Amchem Prods. Inc., 521 U.S. at 623.
Noting that "the predominance criterion is far more demanding" than the commonality requirement, the Court determined that the plaintiffs' shared experience of asbestos exposure might meet the commonality requirement, but failed to predominate over individual issues. Amchem Prods. Inc., 521 U.S. at 623.
In effect, the exacting standards of the predominance inquiry act as a check on the flexible commonality test under Rule 42(a)(2).