State Farm Life Insurance Co. v. Vogt
1. Whether Rule 23 allows class certification where the damages models offered by the class representative would harm a substantial number of class members and leave many class members unable to prove damages as an element of their claims, thus creating an intraclass conflict.
2. Whether a district court faced with an inherent intraclass conflict may cure that conflict by defining out of the class—and thus excluding from the judgment—members with no net damages who cannot succeed on the merits of their claims, thereby creating a “fail-safe class” that leaves the defendant exposed to future litigation by excluded class members.