Pg 24

Question 1

What are the different categories of class actions?

Answer 1

– prejudice class action
– injunctive or declaratory relief class action
– damage class action

Question 2

What is a prejudice class action?

Answer 2

Individual actions could cause prejudice that is avoidable by using a class action. Is mandatory to certify this category and absentees cannot opt out.

I.e.: multiple claimants to a limited fund: if allowed to settle individually, there is a risk that the first suit would deplete the fund and leave nothing for the later ones

Question 3

What is injunctive or declaratory relief as a category of class action?

Answer 3

A broad range of claims involving rights, discrimination, environmental protection. Notice is not required because class members are assumed to be cohesive, so relief would have a similar effect on all. Each member must be given relief by injunctive or declaratory relief and members cannot opt out

Question 4

What is the category of class actions for damage class actions?

Answer 4

Plaintiffs have all been injured in the same way by the defendant and they are seeking monetary relief. Absent class members get mandatory notice and the right to opt out [means the best notice practicable under the circumstances and they can withdraw at their option]. If a member opts out, he cannot later take advantage of the suit.

Question 5

What are the special conditions that are required for a damage class action suit?

Answer 5

– There must be common questions of fact or law to the class that must predominate over questions affecting only individual class members.
– Factors: size of the class, practicability of providing mandatory notice, difficulties in managing the class action.
– Court must find the class action superior to other available methods for fairly and efficiently adjudicating the controversy.

Question 6

When is certification issued for a class action?

Answer 6

It must be issued at an early practicable time after the person sues as a class.

Question 7

What must certification for a class action do?

Answer 7

It must define the class, claims, issues, defenses, and appoint class counsel

Question 8

What is a sub-class when it comes to a class action?

Answer 8

Some classes can be divided into sub-classes and each are treated as classes

Question 9

What is the court’s job for certification of a class action?

Answer 9

• issues orders that determine the course of the proceeding
• describes ways to stop repetition
• requires giving appropriate notice to some or all class members of any step in the action
• proposes the extent of the judgement or the member’s opportunity to signify if they consider the judgement to be fair or adequate
• imposes conditions
• requires amendments
• deals with similar procedural matters

Question 10

What is a discretionary interlocutory appeal?

Answer 10

Can be authorized for class certification decisions to get appellete guidance

Question 11

How does due process relate to class actions?

Answer 11

Notice must be provided to absent class numbers of the court’s intention to adjudicate the rights and an opportunity to be heard

Question 12

What is required for notice according to due process for class actions?

Answer 12

Notice must be reasonably calculated under all the circumstances to apprise interested parties of the pendency of the action and to give them the opportunity to present their obligation through service of process. This should happen through the best notice that is practicable under the circumstances, which means individual notice to all members that can be identified through reasonable effort.

Question 13

What must notice to class members state for a class action in order to meet due process?

Answer 13

It must clearly state in plain language:
– the nature of the action
– the definition of the class
– class claims/issues/defenses
– the members can appear through the attorney if they desire
– that the court will exclude any member that wants to be excluded
– the time and manner for requesting exclusion
– and the binding effect of a class judgement

Question 14

Who pays the costs of notice when it comes to a class action?

Answer 14

This is borne by the party that is seeking the class action as part of the burden of financing the suit.

Question 15

Is using email or websites an appropriate way to give notice to class members of the class action?

Answer 15

Yes

Question 16

What is the standard for the content of notice for a class action?

Answer 16

It must be intelligible to the person that receives it

Question 17

What are common problems that can come up for class actions?

Answer 17

Individual class members’ claims are very small, or the class is very big, or it is hard to identify individual members.

Question 18

What do judges try to make sure of with regard to attorney fees for class action suits?

Answer 18

That the damages amount is appropriate in light of the fees and the objective is to set an award that will be an incentive to attorneys but not a windfall

Question 19

What is the best method of notice for a class action if you have the names and addresses of the members of the class?

Answer 19

Mail

Question 20

If you do not have the names and addresses of the members of the class for a class action, how should you ensure that people get notice?

Answer 20

Newspaper ads or public notices

Question 21

What must you show with regard to notice for a class action?

Answer 21

That you gave members either the opportunity to opt out or to participate and be heard

Question 22

What is the procedure for a class action?

Answer 22

– initiate the class action
– appoint a lead plaintiff
– settlement
– appeals
– counsel

Question 23

How do you initiate a class action?

Answer 23

• file a complaint and serve summons with the named P filing suit in a representative capacity on behalf of others that are similarly situated
• name of the representative and the class must be noted
• the complaint alleges the claims of P and allegations of unnamed members

Question 24

How do you appoint the lead plaintiff in a class action?

Answer 24

Usually pick someone with the largest financial stake and go through this three-step process:
- publicize the action, claim, and class
– compare financial stakes of different plaintiffs and determine who has the most to gain from the suit and who meets the requirements
- give other Ps the opportunity to rebut the presumptive plaintiff’s adequacy

Question 25

What is involved in settlement for a class action?

Answer 25

It can be settled or dismissed with only the court’s approval. The court assesses if the proposal was fair, reasonable, and in the best interest of the individuals

Question 26

How do appeals of class actions work?

Answer 26

They are allowed if they are filed with the circuit court within 14 days of the order being entered

Question 27

What is required to figure out counsel for a class action?

Answer 27

The court usually appoints the class counsel unless otherwise provided and does so by considering:
– the work the attorney did to identify and investigate the claims
– the experience he has in class actions
– the types of claims asserted
– his knowledge of applicable law
– his available resources
– his ability to fairly and adequately represent the interests of the class