Civil Procedure

Question 1

Requirements of a class action

Answer 1

1. be so large that joinder of all members is impracticable;
2. contain common questions of law or fact shared by the class;
3. have claims or defenses from the named representatives that are typical of those in the class;
4. have representatives that fairly and adequately protect the interests of the class; and
5. meet the definition of one of the 3 types of classes

Question 2

Three types of class action classes

Answer 2

1. single action is necessary to avoid inconsistent outcomes or impairment of absent members’ interests;
2. injunctive or declaratory relief is necessary in response to a defendant’s actions or inactions; OR
3. common questions of fact or law among the members prevail over individual members’ issues

Question 3

What role do court’s play in a class action settlement

Answer 3

• must hold a hearing to make sure that the settlement is fair
• permitted to give members of the class an opportunity to opt out (not required)
• required to approve the dismissal or any settlement agreement