refund program. There are reasons a rational purchaser might choose litigation over a refund, including the availability of statutory and/or punitive damages, or the desire to send a message to a company the consumer believes is behaving unlawfully. The Court declines to hold all seven lead plaintiffs inadequate simply because they decided to remedy the alleged wrong inflicted upon them through the judicial system, rather than through a refund program. 6 . Additionally, the Second Circuit has instructed that "failure to certify an action under Rule 23(b)(3) on the sole ground that it would be unmanageable is disfavored and should be the exception rather than the rule." In re Visa Check/MasterMoney Antitrust Litig., 280 F.3d 124, 140 (2d Cir.2001) (internal quotation marks om 52, at *6 (<HOLDING>). 8 . Defendants move to strike Dr. Weir under
holding plaintiffs have not proposed a suitable damages methodology for establishing the critical elements of causation and injury on a classwide basis holding proof that each class member paid a premium for vitaminwater over another beverage would not be susceptible to generalized proof because plaintiffs did not propose a suitable methodology for establishing classwide damages holding that allegation of procedural injury does not affect the issues of injury in fact or causation holding that because fact of injury was a distinct question from quantum of injury common proof could establish classwide injury even though amount of damage to each plaintiff was uncertain holding that the basis of liability is negligence and not injury