Class Action Rules Flashcards
(11 cards)
Rule 23(a)(1)-Numerosity
Numerosity; a class must contain 20 or more members
Rule 23(a)(2)-Commonality
Commonality; class members must have a common attribute among all members, shared with representatives
Rule 23(a)(3)-Typicality
Typicality; class reps share the interests and goals of non-named class members
Rule 23(a)(4)-Adequacy
Adequacy of representation; reps must have motivation, interest, knowledge, and financial ability to represent
Rules 23(b)(1-3)-types of class
once basic requirements are met: (b)(a) separate suits=inconsistent/incompatibal results for D and impairment of ability to protect interests by P [limited fund class] OR (b)(2) party opposing class has acted allowing injunctive relief [equitable relief class] OR (b)(3) common questions of law/fact predominate [super-sized damages cases]
Rule 23(c)(1)(A)-timing
class certification = at an early practicable time (note: not earliest practicable time)
Rule 23(c)(2)(A-B)-notice
Notice by Court; may give notice to (b)(1) and (b)(2) classes, must give notice to (b)(3) classes [best notice that is practicable + must be given chance to opt out]
Rule 23(c)(3)(A-B)-jugement
Judgement Applies To; in (b)(1) and (b)(2) classes, judgement applies to all persons who the court finds to be members of the class. In (b)(3) classes, binding to all people to whom notice was directed, who have not opted out, and who are found to be members
Rule 23(c)(1)(C)-orders
Orders in class actions may be amended before final judgement
Rule 23(e)-settlement
The court must approve of settlements and give notice to all class members who would be bound. Notice is not sent until court is shown a settlement is possible. There must be a hearing on the settlement’s fairness. Class members may object and in (b)(3) clases, members may be given another chance to opt out
Rule 23(g)-counsel
Class counsel is appointed by the court
