What rule deals wit Class Actions?
FRCP 23
Do class action settlements have to be approved by the courts
YES
3 steps for a class action
1) Class certification- have to make a motion for class certification
2) FRCP 23(b) have to chose what type of class
3) Case to be de-certified and end
4 types for identifying the kind of case where action might be appropriate
- Class certification
1) Commonality
2) Numerosity
3) Adequacy of Representation and Typicality
4) Adequacy of Representation
Commonality
- There are KEY questions of law or fact common to the class, and there is a common answer/ solution for the entire class
- Most important of the 4
- Factual injuries that are similar enough so a class action can produce one common answer for the entire group of the problem
- If they have distinct harms and they are seeking individualized remedies or questions, then the case is not appropriate for the class action
Numerosity
Class is so numerous that joinder of the class is impractical
Adequacy of Representation and Typicality
- Some person, an actual person who has a c/a like the other members of the class, has to be chosen to sue on behalf of the class
- The representative’s injury, claims, etc, has to be typical of the injuries of the other members of the class
Adequacy of Representation
- The represenative parties will fairly and adequately protect the interests of the class
- More about the lawyer
- Does the L have the ability, experience, money etc to fund this litigation going forward
3 types of class
23(b)(1) uncommon compluassory joinder on steroids
23(b)(2) Civil Rights and want some answer to apply to everyone
-Seeking injunction relief
under (b)(1) and (b)(2) DONT ALLOW PEOPLE TO OPT OUT
23(b)(3) Have to allow people to opt out of class
-If seeing money usually under this one
- individual members of the class have to be identified or at least attempted, and you have to use the best available means to tell those people they are a member of the class and have the ability to opt out
- Must give each member of the class notice
Who decides if class representatives and adequate representation by lawyer?
the judge decides
If there is a settlement and no adjudication is there an issue preclusion under class action?
NO
- if settlement and no adjudication so no issue preclusion
When seeing class action for injunction think of what
23(b)(2)
- When injunction relief think of this\
- do not have to notify paries
When thinking money think of what group
23(b)(3)
- have to notify parties
- have to let them be available to opt out of law suit
- L do not like this because of this
Fuck you tyler
and jordan
