Advanced Joinder (Class Actions)

Question 1

What statute governs class actions?

Answer 1

FRCP 23

Question 2

What does FRCP 23 state?

Answer 2

Rule 23. Class Actions.

(a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:

(1) the class is so numerous that joinder of all members is impracticable;

(2) there are questions of law or fact common to the class;

(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and

(4) the representative parties will fairly and adequately protect the interests of the class.

(b) Types of Class Actions. A class action may be maintained if Rule 23(a) is satisfied and if:

(1) prosecuting separate actions by or against individual class members would create a risk of:

(A) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class; or

(B) adjudications with respect to individual class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;

(2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or

(3) the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The matters pertinent to these findings include:

(A) the class members’ interests in individually controlling the prosecution or defense of separate actions;

(B) the extent and nature of any litigation concerning the controversy already begun by or against class members;

(C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and

(D) the likely difficulties in managing a class action.

No further subsections are included.

Question 3

Why is FRCP 23(a)(1) in place?

Answer 3

FRCP 23(a)(1) is in place for judicial economy.

Question 4

Why is FRCP 23(a)(2) in place?

Answer 4

FRCP 23(a)(2) pertains to whether or not the interests align.

Question 5

Why is FRCP 23(a)(3) in place?

Answer 5

FRCP(a)(3) pertains to factual overlap.

Question 6

Can you enter into litigation after your interests have been adequately represented?

Answer 6

You have no-right to enter into litigation after your interests have been adequately represented.

Question 7

Do all class actions have to satisfy FRCP 23(a)?

Answer 7

Yes, all class actions have to satisfy FRCP 23(a).

Question 8

Do class actions begin as class actions?

Answer 8

No class actions do not begin litigation as class actions.