• Kimberly A. Kralowec
    Kralowec Law, P.C.
    44 Montgomery Street,
    Suite 1210
    San Francisco, CA 94104
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Thursday, July 19, 2007



So does this now mean that you CAN use predominant individualized affirmative defenses to defeat class cert?

Kimberly A. Kralowec

Of course not. Not even the Walsh court (trial or appellate) interpreted the law that way. That's the whole point; the sentence about affirmative defenses presents a misleading impression about what the law is, especially if taken out of context. Moreover, as I'm sure you are well aware as an experienced attorney, summary denials by the Supreme Court have no precedential value and may not be cited as suggesting anything one way or another about the merits of the issues raised.

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