Rule 23 Class Action

Question 1

What are the 4 prerequisites for Class Actions?

Answer 1

1. Numerosity
2. Commonality
3. Typicality (note 2)
4. Adequacy (note 6)

Question 2

Define numerosity

Answer 2

The class is so numerous that joinder of all members is impracticable

Question 3

Define commonality

Answer 3

There are questions of law or fact common to the class

Question 4

Define typicality

Answer 4

The claims or defenses of the representatives are typical of the claims or defenses of the class

Question 5

Define adequacy

Answer 5

The representatives will fairly and adequately protect the interest of the class

Question 6

How should you analyze the prerequisites in an essay?

Answer 6

Analyze each prerequisite one at a time.

“RULE > Because… > FACT

Question 7

What are the 3 types of class actions?

Answer 7

1. Prejudice
2. Declaratory or injunctive
3. Damages

Question 8

Define the prejudice class-action type

Answer 8

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

Question 9

Define the declaratory or injunctive class-action

Answer 9

When the defendant has acted or refused to act, and this relief would be appropriate for all class members

Question 10

Define the damages class action type

Answer 10

1. when the question of law and fact common to members predominates over any issues affecting the members individually

AND

2. class action is the superior method for resolving the issue

Question 11

What the factors for DAMAGES class action?
(i/E&N/DorU1/DinM)

Answer 11

1. individual class actions
2. extent and nature of any litigation that has already begun
3. desirability or undesirability of concentrating litigation into one forum
4. The likely difficulties in managing the class action.

Question 12

Which class actions do not give members the option to opt out?

Answer 12

Prejudice

Declaratory and injunctive

Question 13

Which class action type requires notice?

Answer 13

Damages

Question 14

What must the notice contain?

N/DC/CC-CI-CD

Answer 14

1. nature of action
2. definition of class certified
3. class claims, issues, and defenses

Question 15

Which class action type gives members the option to opt out?

Answer 15

Damages

Question 16

What is the standard of notice for damages class action?

Answer 16

Class members are entitled to the best notice practicable under the circumstances

Question 17

Which class actions are mandatory?

Answer 17

Prejudice

Declaratory or injunctive

Question 18

The scope of the class cannot be _____

Answer 18

The scope of the class cannot be too broad, too specific, too vague, and too amorphous

Question 19

How does the court appoint counsel for a class action?
(W/E/K)

Answer 19

The court will consider

1. the work counsel has done in identifying or investigating the potential claims in the action
2. Counsel’s experience in handling class action, other complex litigation, and the types of claims asserted in the action.
3. Counsel’s knowledge of the applicable law.

Question 20

What is the process to appeal a certification of a class?

Answer 20

It must be timely appealed in 14 days after the order granting or denying certification

Question 21

True of False? interlocutory appeals allowed when appealing the certification of a class action

Answer 21

True

Question 22

What are the 3 factors that the court looks to permit an appeal of certifying a class action?
(D/RTS/C)

Answer 22

1. If denial of class status effectively ends the case because of nominal individual claims
2. When a grant of class status raises the stakes of the litigation so substantially that the defendant likely will feel irresistible pressure to settle
3. If the appeal would lead to a clarification of a fundamental issue of law.

Question 23

If there is a class action, do you need the court’s approval to settle?

Answer 23

Yes

Question 24

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?

Answer 24

Give notice to absent class members that the lawsuit has been settled

Question 25

What are the factors a court will use to determine if a settlement would be fair, reasonable, and adequate?

Answer 25

1. merits of the case weighed against the terms of the settlement
2. D’s financial condition
3. The expense and complexity of continuing to litigate the suit
4. Opposition to the settlement
5. Experience of vies of the counsel
6. Extent of discovery
7. Presence of a governmental participant