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Question 1

What is a class action?

Answer 1

This allows a single plaintiff that is a representative to act as proxy to represent similarly situated people and to adjudicate their claims. This happens when it isn’t feasible for the plaintiff to sue individually or for all to be joined in a single action. Other members do not have to personally appear. This is a suit that is brought by a large number of people against a common defendant

Question 2

Who is bound by a class action judgment?

Answer 2

All class members are bound unless the right to opt out applies and has been used.

Question 3

What is the rationale behind class actions?

Answer 3

They are an efficient and cheaper way for courts to address issues instead of having many duplicative suits.

Question 4

For state class actions, if the claims of unnamed members do not meet the AIC, is a federal forum withheld from them?

Answer 4

No. Supplemental jurisdiction can be used if there’s complete diversity and at least one claim meets the AIC

Question 5

What is the Class Action Fairness Act?

Answer 5

This is a statutory form of class action that requires 100 people or more, an AIC over $5 million, and minimal diversity (but you cannot sue the state or federal government under this act)

Question 6

What are exceptions to the class action fairness act?

Answer 6

This bars Federal jurisdiction when:
- more than 2/3 of the Ps are citizens of the state where the action was originally filed
- when a minimum of one of the defendants is a citizen of that state and the principal injuries resulted from conduct in that states
– when the primary defendants are states/officials/government entities
– when the class has less than 100 members
– if the action is solely a claim about securities and corporate government issues

Question 7

What is the split about the burden for the class action fairness act?

Answer 7

Some say the defendant must prove these requirements to a legal certainty that the AIC is satisfied and others say the D can show by a preponderance of the evidence

Question 8

What is the judge’s role in a class action?

Answer 8

To oversee the proceedings carefully and to protect the rights of absent parties. He acts as an administrator and monitors notice schemes

Question 9

What are the prerequisites in order for a class action to get class certification?

Answer 9

– commonality
– adequate representation
– numerosity
– typicality

Question 10

What is the mnemonic to remember the four prerequisites to get class certification for a class action?

Answer 10

CANT

Question 11

Is a class action considered to be a right?

Answer 11

No, so you must persuade the court that the party qualifies in order to get the class certification. This requires that they meet the elements of CANT and then figure out which category of class action they fall into

Question 12

What is involved in the numerosity element for class certification for a class action?

Answer 12

The class must be so numerous that joinder of all members would be impracticable. There’s no specific numerical test, so the number alone is not determinative, but generally:
- 40+: numerosity requirement is likely met
– under 22: probably not met
– in between: depends on the geographic dispersion and size of the individual claims

Question 13

What are factors to consider to determine if numerosity is met for a class action certification?

Answer 13

– judicial economy from avoiding multiple actions
- geographic dispersal of class members
– financial means of class members
– ability of class members to bring individual suits
– amount of each individual member's claims
– knowledge of the names or proposed class members
– whether the class members have already joined similar actions

Question 14

What is involved in the element of commonality for class certification for a class action?

Answer 14

There must be a question of law or fact that is common to all of the members. Everyone doesn’t have to sue for the same thing, but commonality is satisfied where a single issue is common to all that are present. The class members must have suffered the same injury. Members cannot all have different sets of facts or liability theories.

Question 15

What is involved in the element of adequate representation for a class certification for a class action?

Answer 15

Will the lead plaintiffs that are members of the class and have standing fairly and adequately represent the interests of the class? There cannot be conflicting interests. Must be so interrelated the class members’ interests will be fairly represented in their absence.

Question 16

What are the things that the court will consider under the element of adequate representation for class certification for a class action?

Answer 16

- if the representative has a common interest with the class
– if the representative will vigourously prosecute the interest of the class through qualified counsel
- the representative must have a well-funded and experienced as well as competent attorney

Question 17

What are limitations on class certification?

Answer 17

– binding arbitration clauses in commercial contracts: can limit the ability of consumers to join class actions
– special rules for securities fraud and relief barred for some immigration cases and federally funded legal cases where they cannot bring class actions on behalf of the poor
– lawyers can only solicit clients for class suits if it promotes democratic values