The following excerpt is from Knutson v. Schwan's Home Serv., Inc., Civil No. 3:12-cv-0964-GPC-DHB (S.D. Cal. 2013):
The call list is likely relevant to whether individuals were actually dialed in violation of the TCPA, but that is a question of merit that does not overlap with typicality. Lee v. Stonebridge Life Ins. Co., 289 F.R.D. 292, 294 (N.D. Cal. 2013) ("Adjudication on the merits of plaintiffs' claims is inappropriate, and any inquiry into the merits must be strictly limited to evaluating plaintiffs' allegations to determine whether they satisfy Rule 23.") Therefore, the magistrate judge erred in concluding the call list was relevant to establishing typicality.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.