CLASS ACTIONS

Question 1

Prerequisites

Answer 1

A class action requires that

(1) the class be so numerous that joinder of all members is not practical
(2) there are questions of law or fact common to the class
(3) the representative parties interests are typical of the class, and
(4) the representative parties will adequately protect the interests of the class.

Question 2

Class Action Fairness Act (2005)

Answer 2

The Class Action Fairness Act grants subject matter jurisdiction over class actions in which

1. any class member is diverse from any defendant
2. in aggregate, the class claims exceed $5 million and
3. there is a minimum of 100 members in the class