The Sixth Circuit further noted that the Third and Eighth Circuits have endorsed a third approach that calls for "a functional, superiority-like analysis." In rejecting these latter two approaches in favor of a broader embrace of issue classes, the Sixth Circuit reasoned that requiring predominance "for the entire cause of action would undercut the purpose of Rule 23(c)(4) and nullify its intended benefits." Invoking this circuit split, the defendants in Martin petitioned for certiorari, but the Supreme Court denied review
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