Rule 23 Class Action Flashcards
What are the 4 prerequisites for Class Actions?
- Numerosity
- Commonality
- Typicality (note 2)
- Adequacy (note 6)
Define numerosity
The class is so numerous that joinder of all members is impracticable
Define commonality
There are questions of law or fact common to the class
Define typicality
The claims or defenses of the representatives are typical of the claims or defenses of the class
Define adequacy
The representatives will fairly and adequately protect the interest of the class
How should you analyze the prerequisites in an essay?
Analyze each prerequisite one at a time.
“RULE > Because… > FACT
What are the 3 types of class actions?
- Prejudice
- Declaratory or injunctive
- Damages
Define the prejudice class-action type
1. When there is a risk of inconsistent or varying obligation on the defendant OR 2. the risk of the class members' interest being impeded or impaired
Define the declaratory or injunctive class-action
When the defendant has acted or refused to act, and this relief would be appropriate for all class members
Define the damages class action type
- when the question of law and fact common to members predominates over any issues affecting the members individually
AND
- class action is the superior method for resolving the issue
What the factors for DAMAGES class action? (i/E&N/DorU1/DinM)
- individual class actions
- extent and nature of any litigation that has already begun
- desirability or undesirability of concentrating litigation into one forum
- The likely difficulties in managing the class action.
Which class actions do not give members the option to opt out?
Prejudice
Declaratory and injunctive
Which class action type requires notice?
Damages
What must the notice contain?
N/DC/CC-CI-CD
- nature of action
- definition of class certified
- class claims, issues, and defenses
Which class action type gives members the option to opt out?
Damages
What is the standard of notice for damages class action?
Class members are entitled to the best notice practicable under the circumstances
Which class actions are mandatory?
Prejudice
Declaratory or injunctive
The scope of the class cannot be _____
The scope of the class cannot be too broad, too specific, too vague, and too amorphous
How does the court appoint counsel for a class action? (W/E/K)
The court will consider
- the work counsel has done in identifying or investigating the potential claims in the action
- Counsel’s experience in handling class action, other complex litigation, and the types of claims asserted in the action.
- Counsel’s knowledge of the applicable law.
What is the process to appeal a certification of a class?
It must be timely appealed in 14 days after the order granting or denying certification
True of False? interlocutory appeals allowed when appealing the certification of a class action
True
What are the 3 factors that the court looks to permit an appeal of certifying a class action? (D/RTS/C)
- If denial of class status effectively ends the case because of nominal individual claims
- When a grant of class status raises the stakes of the litigation so substantially that the defendant likely will feel irresistible pressure to settle
- If the appeal would lead to a clarification of a fundamental issue of law.
If there is a class action, do you need the court’s approval to settle?
Yes
If it is likely that parties can show that the settlement is just fair and reasonable, what must the court do for absent class members?
Give notice to absent class members that the lawsuit has been settled
What are the factors a court will use to determine if a settlement would be fair, reasonable, and adequate?
- merits of the case weighed against the terms of the settlement
- D’s financial condition
- The expense and complexity of continuing to litigate the suit
- Opposition to the settlement
- Experience of vies of the counsel
- Extent of discovery
- Presence of a governmental participant
