Robinson, et al. v. T-Mobile USA, Inc., No. 12-10170 (11th Cir. 2012)
Annotate this CasePlaintiffs appealed the district court's order denying class certification of their proposed class action against T-Mobile, contending that the district court erred in concluding that T-Mobile did not waive its right to assert arbitration and class-action defenses. The court held, however, that plaintiffs failed to challenge in their opening brief the district court's ruling that they failed to establish the predominance of common issues because of variations in damages. Therefore, plaintiffs have abandoned any contention that the district court erred in denying class certification. Accordingly, the court affirmed the judgment.
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