Class Action

Question 1

What is a Class Action? Rule 23

Answer 1

Cases in which one of more representative parties bring claims on behalf of all members of a larger group called a “class”

Question 2

What are the 5 steps to proceed as a Class Action?

Answer 2

a. Single or multi plaintiff case brought by the class representatives

b. Court certifies the case for class treatment using Rules 23(a) & 23(b)
* No certification = only proceeds on behalf of individual plaintiffs

c. Certification issued

d. Class be properly represented

e. Notice of Certification

Question 3

What is a Class Certification? Rule 23

Answer 3

Process in which the Court formally approves a lawsuit to proceed as a class action: whether a group can litigate their issues a class or individually

Question 4

What Two Major Steps Must Representatives Show for Class Certification? Rule 23

Answer 4

1. Class members meet requirements under Rule 23(a)
2. Case is suitable for class treatment under Rule 23(b)

Question 5

What are the Rule 23(a) Requirements? (4)

Answer 5

1. Numerosity
2. Commonality
3. Typicality
4. Adequacy of Representation

Question 6

What is Numerosity?

Answer 6

1. When joinder is not practical
2. Satisfied if the class has so many members that it would be impracticable to join each individually

Question 7

What is Commonality?

Answer 7

1. Questions of law or fact are common to all class members
2. Class wide proceedings would generate a common answer not just that all class members have suffered a violation under the same law
3. Requiring some common pattern, practice or policy applicable to all class members

Question 8

What is Typicality?

Answer 8

1. Of the Name representatives claims or defenses
2. If the representatives’ parties claims or defenses are typical of all class members
3. Ex: application of same policy to the same type of event

Question 9

What is Adequacy of Representation:

Answer 9

If the class representatives will adequately protect the class members interests

Question 10

What are the 23(b) requirements for class actions?

Answer 10

They are 3 different types of class actions that the case must fit under into order to receive class certification

1. Inconsistent Decisions
2. Injunctive Class
3. Damages Class

Question 11

What is the 23(b)(1) requirement: Inconsistent Decisions?

Answer 11

1. Series of individual cases would create a risk of inconsistent decisions or otherwise impair the class members interests
2. Where individual action could lead to conflicting or inconsistent rulings
3. Where the interests of others in the class would be impaired if the case proceeded individually

Question 12

What is the 23(b)(2) requirement: Injunctive Class?

Answer 12

1. An injunctive class action seeking class-wide declaratory or injunctive relief
2. Where the relief requires the defendant to take or refrain from a specific action rather than monetary damages
3. The behavior or policy in question must affect the entire class in a similar way

Question 13

What is the 23(b)(3) requirement: Damages Class?

Answer 13

1. A damages class action, where questions of law or fact predominate over individual questions
2. Used for cases seeking monetary damages where common questions of law or fact are “predominate” over individuals’ questions
3. Class action must be the superior method for resolving the dispute

Question 14

What happens when Class Certifications Rule 23(a) & Rule 23(b) are met?

Answer 14

Rule 23(c): The court will issue an order certifying a case to proceed as a class action

Question 15

What must the Certification Order do?

Answer 15

1. Define the class
2. Identify the class claims or issues
3. Appoint Class Council (Class representatives’)
   * Original counsel often appointed
   * Court must consider the attorney’s experience, abilities and resources

Question 16

How does Notice of Certification work for each of the types of Class Actions? Rule 23(b) (1-3)

Answer 16

23(b)1 & 23(b)2 case: Notice is not mandatory and will only be ordered if it serves the interest of fairness in procedural efficiency: each class member who receives notice must be included

23(b)3 case: Notice is mandatory: individual class members may opt out by choosing to be excluded and won’t be bound by the judgement and can file their own individual suit

Question 17

How can a class appeal Class Certification? Rule 23(f)

Answer 17

A court of appeals may permit interlocutory appeal from an order granting or denying class certification

Question 18

What is a Settlement Class? Rule 23(e)

Answer 18

Group of individuals that is defined for the purposes of settling a class action lawsuit, even if the class may not have met all the requirements for certification

Claims, issues, or defenses of a certified class may be settled only with court’s approval

Settlement class must meet the same requirements for class certification as a non-settlement class