Why didn't they attack it from a class certification perspective? I think each plaintiff here has a different and unique injury. Each would have allegedly had different property "stolen" at different times and of different value. Much like the court said, they should plead specific facts, but if they did, I think class certification would be denied. Thus, class certification seems to be the narrowest issue in which to dispose of the case and one which doesn't require the court to address novel questions of law.