Class Action Flashcards
1
Q
Class Action - Fed
A
Numerosity (joinder not feasible)
Commonality (resolve issue for 1 = all)
Typicality (of rep’s claims)
Rep (adequate)
steps: 1. court certifies class (defines class and issues, appoints counsel); 2. if a damages type where common Q’s must predominate, notify members of claim and opt out option (paid for by rep)
Settle/Term: requires court approval after member notification and feedback
Jx: CL looked at rep only; CAFA: $5 M + 100 members = look at any member
2
Q
Class Action - CA
A
ascertainable class + well defined community of interest (commonality, rep adequate, etc.)
- only one type
- court certifies class, but no mandated notice; up to court, can apportion notification cost however
Settle/Term: requires court approval (maybe notification)
Classification: aggregate all members claims
