Class Action

Question 1

What rule deals wit Class Actions?

Answer 1

FRCP 23

Question 2

Do class action settlements have to be approved by the courts

Answer 2

YES

Question 3

3 steps for a class action

Answer 3

1) Class certification- have to make a motion for class certification
2) FRCP 23(b) have to chose what type of class
3) Case to be de-certified and end

Question 4

4 types for identifying the kind of case where action might be appropriate

• Class certification

Answer 4

1) Commonality
2) Numerosity
3) Adequacy of Representation and Typicality
4) Adequacy of Representation

Question 5

Commonality

Answer 5

• There are KEY questions of law or fact common to the class, and there is a common answer/ solution for the entire class
• Most important of the 4
• Factual injuries that are similar enough so a class action can produce one common answer for the entire group of the problem
• If they have distinct harms and they are seeking individualized remedies or questions, then the case is not appropriate for the class action

Question 6

Numerosity

Answer 6

Class is so numerous that joinder of the class is impractical

Question 7

Adequacy of Representation and Typicality

Answer 7

• Some person, an actual person who has a c/a like the other members of the class, has to be chosen to sue on behalf of the class
• The representative’s injury, claims, etc, has to be typical of the injuries of the other members of the class

Question 8

Adequacy of Representation

Answer 8

• The represenative parties will fairly and adequately protect the interests of the class
• More about the lawyer
• Does the L have the ability, experience, money etc to fund this litigation going forward

Question 9

3 types of class

Answer 9

23(b)(1) uncommon compluassory joinder on steroids

23(b)(2) Civil Rights and want some answer to apply to everyone
-Seeking injunction relief

under (b)(1) and (b)(2) DONT ALLOW PEOPLE TO OPT OUT

23(b)(3) Have to allow people to opt out of class
-If seeing money usually under this one

• individual members of the class have to be identified or at least attempted, and you have to use the best available means to tell those people they are a member of the class and have the ability to opt out
• Must give each member of the class notice

Question 10

Who decides if class representatives and adequate representation by lawyer?

Answer 10

the judge decides

Question 11

If there is a settlement and no adjudication is there an issue preclusion under class action?

Answer 11

NO

• if settlement and no adjudication so no issue preclusion

Question 12

When seeing class action for injunction think of what

Answer 12

23(b)(2)

• When injunction relief think of this\
• do not have to notify paries

Question 13

When thinking money think of what group

Answer 13

23(b)(3)

• have to notify parties
• have to let them be available to opt out of law suit
• L do not like this because of this

Question 14

Fuck you tyler

Answer 14

and jordan