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| 11/18/2004 |
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Medical monitoring is a nontraditional tort that has developed to compensate plaintiffs who allege exposure to various toxic substances. Obtaining class certification for a medical monitoring class is a fairly heavy burden for plaintiffs, and one major reason is the commonality requirement. This presentation expands on the article of the same name, by explaining the “commonality” requirement for a class action claim, and offering an analysis of how this prerequisite can be used to defend against class action law suits for medical monitoring claims.
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