4th Circuit: Class Lacks Predominance, Superiority But May Still Be Certified

( February 19, 2026, 8:00 AM EST) -- RICHMOND, Va. — Noting the case is “unusual,” a split Fourth Circuit U.S. Court of Appeals panel partially vacated a trial court’s decision to strike class claims in a mortgage discrimination case, finding that while certification could be denied “based solely on the face of the complaint” under Federal Rule of Civil Procedure 23(b)(3) due to a failure to show predominance and/or superiority, it would be premature to deny certification under Rule 23(b)(2)....