Multiparty cases - Class action

Question 1

What are the four class action requirements?

Answer 1

1) Numerosity (80-100 max)
2) Commonality (issue in common)
3) Typicality (representative claims typical of those of the class)
4) Representative adequate (class representative will fairly and adequately represent the class)

Question 2

What one of the three types of class action must the case fit into?

Answer 2

1) Prejudice, class treatment is necessary to avoid harm.
2) Injunction/declaratory judgment, D’s treated alike
3) Damages, common questions predominate over individual questions, class action superior method to handle dispute.

Question 3

A class action is not a class action until what?

Answer 3

Until the Court certifies it the same and appoints class counsel.

Question 4

The court must notify class members in a class action with a notice. What must that notice say?

Answer 4

1) That they can opt out,
2) They will be bound if they don’t,
3) They can enter a separate appearance through Counsel.

Question 5

Who is bound by Judgment in a certified class action?

Answer 5

All members except those who opted out.

Question 6

Can you settle or dismiss a class action?

Answer 6

Only with court approval.

Question 7

How is diversity of citizenship different in a class action?

Answer 7

Consider only the representative.

Question 8

Under a common question class action may a person opt out a second time?

Answer 8

Someone may opt out if the court allows class members a second opportunity to opt out. In a common question class action, a judge may refuse to approve a settlement of a class action unless class members have a second opportunity to opt out.