class actions

Question 1

requirements for certification

Answer 1

1) numerosity
2) commonality
3) typicality
4) adequacy
5) type

Question 2

rule 23(b)(3) damages class action requirements

Answer 2

1) predominance - common questions of law/fact predominate over individual questions, and
2) superiority - class action is superior to other procedures to resolve the dispute

Question 3

class action personal jurisdiction

Answer 3

absent class members are not required to meet minimum contacts requirements; PJ due process requirements satisfied by reasonable and adequate notice to class members, opportunity to opt out, and adequate representation

Question 4

class action subject matter jurisdiction

Answer 4

fed question - same rules as in individual cases

diversity - court looks only to class representatives