Class Actions
Under R23- Class Actions: What are the prerequisites that you have to meet under step 1?
First - DC
N
C
T
AOR
Define class and meet
Numerosity 23(a)(1)
Commonality 23(a)(2)
Typicality 23(a)(3)
Adequacy of Representation 23(a)(4) and 23(g)
How can you define adequacy of representation?
The representative parties will fairly and adequately protect the interests of the class
Under Predominance- what does the court need to certify a class?
Q's of law or fact common to class members that predominate over any questions only affecting individual members
What is needed to define a class?
Define who is a class member and what their claims are
Under Step 2 of 23(b)- the class action has to fit under 1 of 3 types of class actions. What are they?
1) PC
2) IOD - RC
3) DC
1) 23(b)(1) Prejudice class
2) 23(b)(2) Injunctive or Declaratory Relief class
3) 23(b)(3) Damages class
Under Superiority what does it entail?
If a class action is a better method of adjudicating the dispute when compared with other options, such as individual lawsuits by each plaintiffs.
How can you define numerosity?
The class is so numerous that joinder of all members is impracticable
What are the 2 types of prejudice classes?
1) ICS
2) LFC
1) Incompatibility standards class
2) Limited funds class
Under superiority there are four factors that a trial court should consider- what are they?
1)
2)
3)
4)
How can you define commonality?
There are questions of law or fact common to the class
The remedy the plaintiff seeks
How can you define Typicality?
The claims or defense of the representative parties are typical of the claims or defense of the class
What 2 questions do you focus on for damages class?
1) P
2) S
1) Predominance
2) Superiority