Class Actions

Question 1

Requirements to form a class

Answer 1

(1) Numerosity: class must be so large that joinder (R.20) is impracticable. 40 is usually large enough.
(2) Commonality: common questions of law or fact that are central to the claims.
(3) Typicality: similarity between class reps and members of the class (e.g. no typicality if all are discriminated against EEs, but at different stages: hiring, promotion, pay raise, etc.)
(4) Adequacy of Representation: can lawyer represent all class members? Conflicts between class rep and members?

Question 2

Types of classes

Answer 2

Incompatible Standards Class (separating the class might result in contradictory decisions)

Limited Fund Class

Injunctive Relief Class

Damages Class

• -Extra requirements: (1) Predominance: common questions must be central; (2) Superiority: class action better than individual lawsuits; (3) Manageability
• -Class member can opt out of this class.

Question 3

SMJ, PJ, and Choice of Law for Class Actions

Answer 3

DJ = class rep’s citizenship (so P can unilaterally destroy diversity by picking a class rep from same state as D)

AIC = each class member’s claim >$75k. No aggregation. But if one class member is sufficient, then all others can get SJ.

PJ: just need it for class reps

Choice of Law: can only apply a state’s law if case has a nexus with the state.

Question 4

CAFA

Answer 4

Minimal diversity: only one member of class need be diverse from D

Numerosity: at least 100 people

AIC: can aggregate, but need >$5 million

Red Carpet Removal:

• -No forum state D rule
• -No D unanimity rule
• -No 1 year deadline for removal