Class Flashcards
What court is a class action filed in?
Circuit Court
What must be established for a class action?
1) Numerosity - too many class members for joinder to be practical
2) Commonality - common issues to all members of the class
3) Typicality - Reps claims are typical of the class
4) Adequate representation - Rep will fairly represent the class.
What are the types of classes?
1) Prejudice
2) Injunction or Declaratory Judgment
3) Damages
What is a prejudice class action?
Class necessary to avoid harm i.e. depletion of funds
What is Injunction or Declaratory Judgment class?
All members were treated alike i.e. employment discrimination
What is the Damages Class?
Common question predominates the class over individual questions.
Class is the best way to move forward.
Most commmon
What is the most common class for mass torts?
Damages Class.
How is the amount in controversy decided for a class?
Aggregate all class claims
What are the special pleadings requirement for a class?
1) Class rep next to caption
2) Allege initial elements
3) Type of Case
4) Define Class
5) Define Membership
What is the notice requirement to the class?
CT Gives individual notice to all class members to:
1) Opt out
2) Bound by judgment if not opt out
3) Can enter separate appearance by counsel
When is a case deemed a class action?
When CT grants motion to certify and appoints counsel
Can you appeal if class not granted?
Yes appeal is discretionary
True or False: Need CT approval and notice to settlement claim or dismiss action.
True
