Class Actions

Question 1

Rule 23

Answer 1

where a representative sues on behalf of a group
- possible to have a defendant class
- usually about a plaintiff class

MUST SHOW 4 THINGS
1. too big for practicable joinder (numerally)
2. some question in common to all class members (commonality)
3. the reps paint must be same as class members (typicality)
4. the rep will adequate represent the interest of the class (adequately)

Question 1

rule 23 (b) (1)
Rule 23 (b) (2)
Rule 23 (b) (3)

Answer 1

rule 23 (b) (1) - NO RIGHT TO OPT OUT - mandatory
Rule 23 (b) (2) - NO RIGHT TO OPT OUT - mandatory
Rule 23 (b) (3) - damages class action
- must show common questions predominate over individual questions
- the class action is the superior way to resolve the dispute
- case is not a class action until the court certifies it is
- court has to appoint class action counsel

notice of pendency - THE COURT MUST GIVE INDIVIDUAL NOTICE TO ALL MEMEBERS REASONABLY IDENTIFIABLE

Question 2

Rule 23 (c) & who is bound by a class judgement -

rule 23 (e)

Answer 2

they can opt out of the case if they want, but will be bound by the results of the case

all members are bound by a class judgements except those who opt of of (b) class
- no OPT OUT in rule 23 (b) (1)
no OPT OUT in rule 23 (b) (2)

rule 23 (e) - settlement or dismissal of certified class
- must be approved by court

SMJ - can be a federal question jurisdiction
for class action SMJ
- for diversity
- for citizenships you oNLY look at the REP, not the class members citizenship

• for amount in controversy
• only look at REPS claim, and if they exceed $75k