Class Actions

Question 1

Michigan Essay on Class Actions

Answer 1

1. Discuss Adequacy, Numerosity, Typicality, and Superiority
2. Whether court would find the class action is a superior method to adjudicate the claims (which is required)
3. Certification: a P must move to have a class certified within 91 days after filing the complaint. P must then provide notice to the class.
4. Notice: is mandatory in all state court class actions regardless of type - should be given to all persons who are included in the class
5. Opt Out: one has a right to opt out in every class

Question 2

What is are the notice requirements for MI class actions?

Answer 2

1. Notice should be given to all persons who are included in the class for all types of class actions
2. Plaintiff is responsible for making the proposal regarding notification or state reasons why the determination cannot be made - Court determines how, when, by whom, and to whom notice shall be given, the content of notice
3. Plaintiff bears the cost of notice
4. Notice must include: nature of the action, possible financial consequences for the class, and any possible counterclaims and that class members can opt out

Question 3

Define: Consolidation

Answer 3

If there are factually and legally similar cases, the court can combine them into one trial to promote efficiency