Class action certification under the Federal Rules of Civil Procedure (“FRCP”) only permit a class action if, among other things, “there are questions of law or fact common to the class.” (FRCP 23)

This means that trial judges in US District courts are often called upon to determine whether common questions of law or fact exist.

But examining these issues often means that judges are not only determining whether common questions exist for class certification purposes, but also determining important factual matters that should be resolved on the merits as part of a jury trial.