The following excerpt is from Olean Wholesale Grocery Coop., Inc. v. Bumble Bee Foods LLC, 993 F.3d 774 (9th Cir. 2021):
critical question is not what percentage of class members is injured, but rather whether the district court can economically "winnow out" uninjured plaintiffs to ensure they cannot recover for injuries they did not suffer. See Torres v. Mercer Canyons, Inc. , 835 F.3d 1125, 1137 (9th Cir. 2016). If the district court can ensure that uninjured plaintiffs will not recover, their mere presence in the putative class does not mean that common issues will not predominate. See Yokoyama v. Midland Nat'l Life Ins. Co. , 594 F.3d 1087, 1089 (9th Cir. 2010).
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