«The parties also offer no persuasive
proof that a SEGA game download for Subclass B members, «rather than providing
substantial value to the class... might be little more than a sales promotion for (SEGA),»» Judge Berman
said.
To similar effect the Court
said, inSnell v. Farrell, at 327, that
proof of causation requires «a
substantial connection between the injury and the defendant's conduct».