No harm, no class: Damage element still standing in Sixth Circuit
In Hirsch v. CSX Transp., Inc., 656 F.3d 359, 2011 WL 3926369 (Sept. 8, 2011) , the Sixth Circuit joined other federal circuits in requiring putative class plaintiffs to plead the elements of causation and damages or face dismissal of their class allegations. The decision is welcome news to class defendants because the Court upheld dismissal on summary judgment—before class certification—thus affirming that district courts may dismiss class claims before a certification hearing. It also offers a valuable tutorial on the strategic opportunities surrounding Daubert hearings.
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