clASS Action Flashcards
class action definition
an action to which named party represents a class of commonly situated absent parties
Class Action Fairness Act (CAFA)
class actions in which there are 100 or more P’s who together seek amount exceeding $5m, IF any single P is from a different state as any single D.
1) 100 or more P’s
2) over $5M
3) any single P from a different state of any single D
Certification requirements for all class actions (need all 4 to apply)
CANT
1) Commonality
2) Adequacy
3) Numerousity
4) typicality
Commonality
common issues of fact or law and common injuries pertaining to the class
Adequacy
named party and their attorney must fairly and adequately represent class
Numerousity
class must be so numerous that joinder of all would be impracticable - at least 40 or more
Typicality
claims of named party are typical of those of class
what are the extra requirements in class action if want money?
PS
1) predominance
2) Superiority
Predominance for money damages for class action
common issues must predominate over individual issues
superorirty for money damages for class action
class action method us superior method of resolving these many claims
what are the additional consitutional requirements for class actions seeking money?
1) notice: reasonably calculated and
2) right to opt out
Class must seek notice which is reasonably calculated to apprise to inform their class and class must receive the right to opt out of class and bring their own suit.
when will a judge refuse to approve a settlement of a class action?
A judge will refuse to approve a settlement of a class action UNLESS THE CLASS MEMBERS ARE GIVEN A SECOND OPPORTUNITY TO OPT OUT
