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Civil Procedure II > Class Action > Flashcards

Flashcards in Class Action Deck (14):
1

What are the four requirements under Rule 23 to have a class action?

1) Numerosity - There must be so many members of the class that joinder is simply impossible.
2) Commonality - There must be a common question of law or fact for all members of the class;
3) Typicality- Representative plaintiff's interests must be the same for all plaintiff's.
4) Adequacy- The representative plaintiff must fairly and adequately protect the interests of all members of the class.

2

What are the three types of class actions under Rule 23 class actions?

1) Adjudication- Having the separate class members bring separate claims would run the risk of inconsistent or varying adjudications that would establish inconsistent or varying adjudications resulting in incompatible standards of conduct;
2) Injunction - The party opposing the class has acted or refused to act on grounds that apply generally to the class, to the final injunctive relief is appropriate respecting the class as a whole;
3) Damages- There is a common law or fact to all members and it predominates over any questions affecting only individual members, and this class action is superior to other available methods for fairly and efficiently adjudicating the controversy.

3

What should be considered under Rule 23 in determining whether or not a class action has fulfilled the requirements to be certified as a damages class action lawsuit?

A damages class action lawsuit requires a common law or fact to all class members and it predominates over any questions affecting only individual members. This class action is also superior to other available methods for fairly and efficiently adjudicating the controversy. The matters pertaining to whether or not this claim exists are:
1) Class members interests in possibly controlling the litigation individually rather than as a class;
2) Extent and nature of litigation already begun;
3) Desirability/ Undesirability of the litigation in the particular forum;
4) Any likely difficulties in managing the class.

4

When must class certification be decided?

At the earliest practicable time, the court must determine whether the class satisfies the requirements to be certified.

5

What must the court determine when appointing counsel for the class in a class action lawsuit?

In assigning class counsel, the court must look at rule (g). This states they must consider:
1) Work counsel has done on this claim already;
2) Counsels experience in handling claims of this type;
3) Counsel's knowledge of applicable law;
The court may consider:
1) Any other pertinent matters concerning the counsel's ability;
2) Potential class member's opinions;
3) Any other information.

6

What type of notice is required under Rule 23 for adjudication and injunction classes?

For these class types, the court may direct appropriate notice to the class. But the court does not have to order notice if they don't believe it is needed.

7

What type of notice is required for damages classes under rule 23?

The court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through a reasonable effort.

The notice must be clearly and concisely stated in plain, easily understood language stating:
a) The nature of the action;
b) the definition of the class certified;
c) The claims, issues, and defenses;
d) A class member may make an appearance if they desire;
e) The court will allow the member to be excluded;
g) The binding effect of the judgement.

8

What is required for the notice to be valid under a damages class action under Rule 23 and what must the notice state?

The notice must be clearly and concisely stated in plain, easily understood language stating:
a) The nature of the action;
b) the definition of the class certified;
c) The claims, issues, and defenses;
d) A class member may make an appearance if they desire;
e) The court will allow the member to be excluded;
g) The binding effect of the judgement.

9

What is a subclass under Rule 23?

When appropriate, a class may be divided into subclasses that are each treated as a class. Each class must have its own counsel and it must be certified independent of each other.

10

Who has the authority in a class action lawsuit to govern the classes maintenance and running?

The court has the authority and power to govern how a class is run. This becomes extremely important for discovery and trial.

11

What is the procedure for settlement in a class action lawsuit?

The claims, issues, or defenses of a class action may be settled only with the court's approval. This requires the following procedures:
1) The court must give direct notice in a reasonable manner to all class members;
2) If the proposal is binding, then the court may approve of it only after a hearing and finding that it is fair, reasonable, and adequate;
3) parties must file a statement identifying any agreement made in connection with the settlement;
4) Any class member may object to the proposal.

12

Who determines the attorney's fees for a class action lawsuit?

The court does.

13

What is used to determine the jurisdiction of the class under Rule 23?

The named plaintiff's domicile and residence.

14

Which party wants the lawsuit in state court and which one in federal court?

The plaintiff’s will frequently try to file the lawsuit in state court because it tends to be better for their claims. Then the defendants will usually try to remove it to federal court because the federal courts are better for their side.