The Third Circuit recently clarified the standard for certifying an "issue class" in Russell v. Educ. Comm'n for Foreign Med. Graduates, 20-2128 (3d Cir. Sep. 24, 2021), providing "clear guidance," which was previously lacking in this Circuit, on necessary steps for certification under Rule 23(c)(4). While the decision permits certification of an "issue class" without satisfying the predominance requirement of Rule 23(b)(3 ) for the case as a  whole, the decision confirms that even an "issue class" cannot be certified without assuring that all the requirements of Rule 23 have been met.  

Russell was a case brought by a putative class of patients of a foreign-educated doctor against the Educational Commission for Foreign Medical Graduates ("the Commission")—the primary body for certifying graduates from foreign medical schools for acceptance into medical-residency programs in the United States—for negligent infliction of emotional distress. The Commission certified the application of a man who was using a false identity and, after being certified, had gained acceptance into a U.S. residency program and gone on to practice at a hospital in Maryland, before law enforcement discovered he had used fraudulent immigration documents and medical transcripts. The Commission then invalidated his certification, and his medical license was revoked.