Miscellaneous Civ Pro

Question 1

Class Action General Rule

Answer 1

NACT (numerosity, adequacy, common question, typicality)

One or more persons may sue or be sued on behalf of a class where:
- The class is so numerous that joinder of all members is impracticable
- There are common questions of law or fact common to the class
- The claims or defenses of the representatives are typical of the claims or defenses of the class AND
- The representatives will fairly and adequately protect the interests of the class

Question 2

Class Action Additional Requirement

Answer 2

• Separate actions create a risk of inconsistent judgments or prejudice to others not in the suit OR
• The party opposing the class has acted or refused to act appropriately for all OR
• Common questions of law or fact predominate over individual issues and a class action is superior to other available methods to resolve claims

Question 3

Other Class Action Considerations

Answer 3

• The court determines whether an action is maintainable as a class action.
• If the court certifies the class, the court will direct the best notice practicable to all members of a class advising them that:
  o A. The court determines whether an action is maintainable as a class action.
  o B. If the court certifies the class, the court will direct the best notice practicable to all members of a class advising them that:
   (1) the court will exclude that person from the class if that person specifies by a certain date (opt-out);
   (2) the judgment will include all members of the class who do not request exclusion; and
   (3) any member who does not request exclusion may enter an appearance through that member’s own counsel.

Question 4

Negligence Pleading

Answer 4

Must be plead with particularity

Question 5

DE Rule 11

Answer 5

Sign a pleading you are attesting to reasonable investigation, well grounded in fact and law, and not presented for an improper purpose.

Question 6

What happens if P dies?

Answer 6

• Real party in interest, if P dies, claim doesn’t necessarily die with P.
  o Motion to substitute for estate
   Same with inanity and guardian
   Minor, guardian ad ledum
   Parent is “next friend”

Question 7

Minor Settlements

Answer 7

If Settlement for less than 25k deposited in a uniform gift to minor account in a bank
- Aunity – over 25k, no access until child reaches the age of majority.
- Court must approve before funds can be dispersed.