Class Actions Flashcards
What are the requirement to Certify a Class Action?
The requirements for certification of a class action are:
(1) numerosity (joinder of all plaintiffs is impracticable,
(2) commonality (questions of law or fact common to class),
(3) typicality (named parties’ interest typical of class), and
(4) adequacy of representation (i.e., competent plaintiff’s counsel).
A court will certify a class action only where:
(1) there is a risk of inconsistent results;
(2) injunctive or declaratory relief are appropriate; or
(3) common questions among the class predominate over other claims.
When is Subject Matter Jurisdiction established under the Class Action Fairness Act?
Under the Class Action Fairness Act, subject matter jurisdiction is established if:
(1) any class member is diverse from any defendant;
(2) the amount in controversy in the aggregate exceeds $5 million;
(3) there are at least 100 class members.
When Must a court Decline Jurisdiction over a certified class?
The court must decline jurisdiction where:
(1) more than 2/3 of the class are citizens of the state where the action is filed;
(2) a defendant against whom significant relief is sought is a citizen of that state; or
(3) the principal injuries were incurred in that same state.
When May a court Decline Jurisdiction over a certified class?
The court may decline jurisdiction where between 1/3 and 2/3 of the class are citizens of the same state and the primary defendants are from the same state.
Recite the Structure for Class Actions.
Class Actions 1. Numerosity: Joining all impracticable 2. Commonality: Common questions of law or fact 3. Typicality: Named party typical of class 4. Adequacy: competent plaintiff’s counsel CAFA Subject Matter Jurisdiction If: 1. Diversity: Any class member diverse from any defendant 2. Amount: Exceeds $5 million 3. Class Size: At least 100 Inapplicable: State or federal government defendants, securities law, internal affairs of corporation
