Class Actions

Question 1

Rule 23 (Class Action) Prerequisites

Answer 1

• Numerosity (20-40 people)
• Common question of law or fact
• Typicality (legal claims are sufficiently similar to those of the other class members)
• Adequate representation

Certification can be difficult & time consuming to achieve

Question 2

Types of Class Actions

Answer 2

• 23(b)(1): Prejudice class
  Treats missing members as class members
  Limited fund (class shares judgment amongst members, typical for medical product liability )
• 23(b)(2): Injunctive relief
  Demands a D to perform or refrain from performing
• 23(b)(3): Monetary damages
  By far most common
  Only class with opt-out rights
  Predominance & superiority

Question 3

Predominance Factors

Answer 3

• Elements of members’ claims require some proof
• Proposed class is bound by a mutual interest stronger than any individual’s
• One or more common issues constitute each member’s individual case
• Resolution of common issue advances litigation

Question 4

23(b)(3) Class Notice

Answer 4

23(c)(2) notice rule:
- Requires best efforts to give notice to each individual member of the class
- Notice must be clearly and consisely stated

Question 5

Class Settlement

Answer 5

Requires:
- Court approval
- Notice to the class