Class Actions
What are the prerequisites under Rule 23(a) that a member must meet to be sued as a representative party?
Numerosity, commonality, typicality, and adequate representation
1. the class is so numerous that joinder of all members is impracticable;
2. there are questions of law or fact common to the class;
3. the claims or defenses of the representative parties are typical of the claims or
defenses of the class; AND
4. the representative parties will fairly and adequately protect the interests of the class
What is the purpose of provisional remedies
To maintain the status quo
12(a)(1)(A) and (B)
A defendant must serve an answer within 21 days after being served or within 60 days after service is waived.
A party must serve an answer to a counter/cross claim within 21 days of being served
Hanna holding analysis
Where there is a federal rule or statute: Does it answer the question in dispute?
Rule 15(d)
Supplemental pleadings. On motion and reasonable notice on, the court may on just terms permit a party to serve supplemental pleadings setting out any t/o that happened after the date
When should a judge seek to certify a class?
Class certifications should be sought at an early practicable time.
Rule 23(c)(1)(A)
What are the two kinds of temporary injunctions
Temporary restraining order (TRO) and preliminary injunction
12(f)
The court may strike from a pleading or defense any material that is redundant, immaterial, impertinent, or scandalous. The court may act on its own or on motion by either party; either before responding to pleading or within 21 days after being served
Factors for interpreting a statute narrowly or broadly
Substantive nature of competing state law
outcome effect of forum shopping
federal interests in federal law
CAFA removal differences
- Forum state defendant MAY remove to federal court
- not all defendants need to join in their notice of removal
A damages class is different from Rule 23(b)(1) class and Rule 23(b)(2) class because__
It is not a mandatory class, notice is required, members of the class may opt-out and retain their rights
Requirements of a TRO/Preliminary Injunction
1. Likelihood of irreparable injury
2. Likelihood of success on the merits
3. Balancing of the hardships on the parties
4. Public Interest
Rule 8(a)(2)
Short and plain statement of claim showing pleader is entitled to relief.
1. Do not accept legal conclusions as true
2. Factual allegations must raise a plausible claim. Context specific task that requires judges to draw on judicial experience and common sense
Gasperini holding
The only time the Supreme Court has ruled for a federal rule not being on point. If excessive jury verdicts, Rule 59 is too narrow and does not include standard for reviewing excessive verdicts
Look for a way to accommodate state interests.
When a party fails to plead or otherwise defend, and failure is shown by affidavit, the clerk must enter default
Under Wal-mart Stores Inc. v Dukes the court said that commonality is not about raising common questions of law but ___
Raising common answers to drive resolution of the litigation
What is the Serious Questions approach?
A sliding scale approach can be used, but there must be a likelihood of irreparable injury. As long as there are serious questions raised on the issue, a strong likelihood of irreparable injury can make up for a weaker case
12(a)(4)(A)
If the court denies a motion, the responsive pleading must be served within 14 days after notice of courts action
Twin aims of Erie
(1) whether there would be a real chance of forum shopping between state and federal court if the court were to apply federal law; and (2) whether the application of federal law in federal court would lead to a real chance of the inequitable administration of the law.
Federal Common Law
Post Allapattah, what subject matter jurisdiction requirements changed?
Only a class representative needs diverse citizenship.
Under supplemental jurisdiction, if the representative meets the AIC requirements can consider supplemental jurisdiction for the rest of the members. But, if the rep is not diverse then you cannot consider supplemental jurisdiction.
What did we learn about Trump v CASA?
A court may issue injunction broad enough to provide "complete relief" actually before it. Resulting in more class action lawsuits
Rule 41(a)
Voluntary Dismissal
The plaintiff may dismiss an action without court order by filing a notice of dismissal before opposing party serves answer or motion for summary judgement OR stipulation of dismissal signed by all parties who have appeared.
The effect is dismissal without prejudice unless they have already brought a previously dismissed claim- then it will be adjudication on the merits
Byrd balancing approach
The first step is to determine whether the state law in question involves state-created rights and obligations, which means the state law regulates primary activity. If it does, the court must apply state law.
If it does not, the court can conclude that the state law reflects a rule of form and mode.
In this second step, to determine whether to apply federal or state law, the court balances (1) the degree of the state law’s effect on the outcome against (2) any countervailing federal interests inherent in the federal law.
Erie "guess"
Federal court tries to guess what state highest court would do if faced with this particular test