Prereq's 2 Class Axn (EXAM)
- Fed Quest.
- Cit. of class rep / named class member only
- Amt in controv. of $75k met by all class members,
named & unnamed
- Class Def. Req's
- Def'able / ID'able Class Before Lawsuit
- Some basis 2 see who's in class
- Rsns 4 Def'able Class
- Need 4 notice 4 D/P
- Need 4 claim & issue precl. issues
- Imp. in damage class 2 dist. recov. 2 class
- Rule 23)a Prereq's
- Joinder impract'able
- Numerous by
- Geog'ly disperse indiv's
- Geog'ly disperse prop.
- Large # of indiv's whose claims R small
- Gen'ly 1,000 is good # but 56 is 2 low
- Quest. of law / fact common 2 class
- Substantive law 2 class certif.
- Low threshold
- In sec. axns, misrep. 2 lots of people common
- Claim / defense of party rep's typical 2 class
- La Mar doc. that P is rt. person / must B eligible
2 sue in his own rts
- Def'ed broadly 4 lots of class axn but narrowly
4 less class axns
- Factors of typical claims
- Same injury
- Same D's / dif. D's w/same conduct as orig.'al
- Same legal claim
- Trxn'al rel.
- Same defenses
- Same evid. / types of proof
- Adeq. of Rep.
- Rt person but not nec'ly best
- Ensure D/P not viol'ed otherwise, no res judicata
- Must not have int. adverse 2 class
- Qualified & competent
Rule 23)b Class Types (EXAM)
- Anti-Prejud. Class: Rule 23)b)1
- Focus on D: Rule 23)b)1)a
- Prejud. 2 D b/c subj. 2 incompatible dir.'s if
indiv. class members prosec.'ed sep'ly
- Must B some person w/rts / duties 2 people in
- In position such that conflicting adjud. might
req. inconsistent acts
- Narrow view is can't certify if multiple axn
only creates inconsistent jgmts but must prod. inconsistent conduct
w/respect 2 same P
- Broad view ok's certif. if any X there's risk
of inconsistent adjud.
- Focus on Class Members in Limited Fund Case:
- Pract'al risk that class members' int. prejud'ed
if not proceed as class axn
- Prove total net assets of D's +
- Claims of class exceed limited fund
- Injunction Class: Rule 23)b)2
- Make Final Injunctive Relief
- D acted / refused 2 act which is gen'ly applicable
- Damages must B incidental
- Class Def. Not Very Imp.
- Damages Class: Rule 23)b)3
- Predom. of common quest. +
- Mass fraud gen'ly proper b/c same liab. issues
- Mass pers'al inj. not proper b/c dif. liab. 4
indiv's but trend 2 consid. as proper class now
- Superiority 2 other methods of adjud.
- Int. of class
- Extent & nat. of litig. 4 claims already
- Desire of concentrating 2 partic. forum
- Difficulty in mgmt of class
Other Consid. of Class Axn
- Prejgmt Notice 2 Class: Rule 23)c)2
- Best notice pract'able under circ's, incl'ing
indiv. notices 2 those id'able w/rsbl effort w/option 2 opt out
- Mandatory 4 b)3 class axns
- Cost of Notice 2 P's
- Comm'n Btwn Potential Members & Atty
- Limit Comm'n Btwn P's Atty & Potential Members
- Consid. truth, pvcy, & legal prof'n ethics
- Must order narrowly & show serious prob.
- Limit Comm'n Btwn D's Atty & Potential Members
- Severity & likelihood of perceived harm
- Narrow order
- Duration of order
- Avail. of less onerous alt.
- Mandatory Reqt's by Rule 23)e
- Need ct's approval +
- Notice 2 all members
- Stand. of fair, adeq. & rsbl settlement stand.
which gives cts discretion
- Three Types of Settlement / Vol. Dismissal
- Precertif. settlement of class claims + binds
- Assume case is class axn 4 Rule 23)e unless contrary
- Precertif. settlement of indiv. class rep. +
not binds absent members
- Ct. has discretion 2 use proced. device like
- Ct has duty 2 conduct rsbl inquiry into terms
- Precertif. settlement of indiv. absent / unnamed
- No limit on settlement
- No need 4 ct's approval / notice
- Suff. of Info
- Not lack of discov. stand. but presence of alt.
source of info
- Somewhere btwn uned.'ed & full info
- Assessing Adeq. Settlement
- Likelihood that P will prevail @ trial
- Dist. ct. must est. range of possible recov.
- Pt. on / range of possible recov. where settlement
fair & adeq.
This material is copyrighted by the author. Use of the material
for profit is expressly prohibited without the written
permission from the author.
Ms. Haeji Hong
May 4, 1998
Go Back to Law School Notes