class action

Question 0

which of the following is NOT a pre-requisite of class action:

a. class so numerous that joinder is impractiable
b. question of law or fact common to the class
c. claims or defenses of the representative parties are typical of claims or defenses of class
d. allowing the class action would provide most judicially economical resolution of claims

Answer 0

d. allowing the class action would provide most judicially economical resolution of claims

Question 1

what are the pre-requisites of a class action

Answer 1

1. Numerosity (such that joinder is impracticable- the class)
2. Commonality
3. Typical claims or defenses
4. fair and adequate protection of interest
5. objectively defined class

Question 2

Can one action be brought to vindicate the rights of all club members, what is the action, what is proper venue, what are requirements for maintenance? have they been met?

Answer 2

Yes. Class action.
May be brought in any parish which is proper venue for the parties. (in questions its a brokerage firm or the clubs) This would include any parish in which any defendant has an office, or any parish of their principal business establishment. Proper venue may also be in the parish where purchaser signs contract with firm. (Specific to question, X parish if suit is brought under long arm statute assuming the firm has no louisiana location)

The requirements to maintain class action are:
numerosity
commonality
claims typical of class
fair and adequate protection of interests
objectively defined class