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State Courts -
Delaware - January 31, 2006
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Wit Capital Group, Inc. v. Benning, No. 568, 2004,
SUPREME COURT OF DELAWARE, January 31, 2006, Decided
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Overview: In customers' suit against a brokerage firm, as they could not show that the "injury-in-fact" requirement under New York law existed on a class-wide basis, they could not satisfy the "predominance of common issues of law or fact" requirement under Del. Super. Ct. R. Civ. P. 23(b)(3). Therefore, the trial court erred in certifying four sub-classes.
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