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Mealey's Litigation Procedure - Judge Denies Certification Of Consumer Fraud Class Against Home Builder

CHICAGO - A proposed class for buyers of homes made by NVR Inc. that did not have solid wood cabinets as a standard feature and did not have 30-year roof shingles cannot be certified under Federal Rule of Civil Procedure 23(b)(3), a federal judge in Illinois ruled Dec. 13, finding that individual issues predominate over common classwide issues (Paul Smith, et al. v. NVR Inc., No. 17 C 8328, N.D. Ill., 2019 U.S. Dist. LEXIS 216560).
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