Sixth Circuit Shuts The Door On “Trial By Formula” And “Mini Trials” In Reversing Class Certification

Clippinger solidifies two complementary class certification principles: predominance fails where individualized proceedings are necessary to resolve liability or damages, and plaintiffs cannot engineer predominance through a trial plan that strips defendants of their right to litigate individual claims. It may be argued that those principles extend beyond the insurance context to any class action where some aspects of liability may be subject to common proof but the path to individual recovery requires claim-by-claim proceedings.

In Clippinger v. State Farm Automobile Insurance Co., 173 F.4th 817 (6th Cir. 2026), the Sixth Circuit held that individual vehicle-valuation questions defeated Rule 23(b)(3) predominance in an auto insurance total-loss class action, joining the Third, Fourth, Fifth, Seventh, and Ninth Circuits in rejecting certification where liability and damages turn on member-specific inquiries.