Prerequisites to Certification - 23(a) -

CLASS ACTION - RULE 23

1) Numerosity - group must be so numerous or geographically dispersed that standard joinder is impracticable > 100
2) Commonality - group must have a common answer of not question - Walmart] to all questions of law or fact. representative must show group resolution TO BE CERTIFIED, MUST MEET 23a
will determine cause of every class member; REQUIREMENTS & FIT INTO a 23b -
3) Typicality - representative's claim must be typical of other class members, suffer same kind of harm; NOT CLASS ACTION UNTIL COURT
4) "Fair & Adequate Representation" - representative must fairly & adequately represent the interests of the class. [members of class can't be bound by
judgment involving the class if member wasn't adequately represented - Hansberry]. [can consider experience, no conflicts of interest]. CERTIFIES IT AS SUCH

23[b][3] - monetary damages! - Essentially another joinder device -

23[b][1]
a) separate trials would risk
inconsistent, incompatible judgments to
D - should invest in X and Y - individual
suits would lead to inconsistent
judgments with incompatible
conduct.[inconsistent rulings fine - D
can pay some Ps and not others - prob
with irreconciable obligations [Causey]
b) separate trials of individuals, as a
practical matter, would be dispositive of
other class members or would
substantially impede their ablity to
protect their interests. [mass accident
with limited common fund - those who
get in line to sue 1st effect rights of
others].
23c1 class certification -
- at an "early practical time" after P files suit, court must
determine by order whether to certify class action.
- order that certifies a class action must define the class
and the class claims, issues, or defenses, and must appoint
class counsel under
23[b][2] questions of law or fact common to class members predominate over any questions allows representative to sue on behalf of
affecting only individual members, class action is superior to other available methods a class Commonality & typicality serve as
D has acted or refused
for fairly and efficiently adjudicating the controversy. -Allows a lot of people with small claims guideposts for determining whether
to act on grounds that
- class members?interests in individually controlling the prosecution or defense of they probably wouldn't have brought on under particular circumstances,
generally apply to the
separate actions; their own - too little money at stake. maintenance of a class action is
class such that
- the extent & nature of any litigation concerning the controversy already begun by or - Incentivizes Ds to comply with law economic & whether named Ps
injunctive or
against class members; since Ps may not sue individually interest so interrelated with those of
declaratory relief would
- the desirability or undesirability of concentrating the litigation of the claims in the -Judicial economy - less cases clogging class members that they'll be fairly &
be appropriate [usually
particular forum; and court system adequately protected in their
civil rights suits] to
-likely difficulties in managing a class action BUT absence
solve issues for whole
class - AC relationship more attenuated,
- Walmart - monetary 23[b][3] inappropriate if - issues with attorney fees, complexity of
damages may only be Conflict of law questions extremely complex, strong interest of class members to class actions, due process concerns re
incidental to indivisible individuall control prosecution of separate actions, particularly undesirable forum notice, etc.
remedy sought [foreign Ps, only two Ps from state [Causey]
Procedure -
23c2 class certification & notice -
During certification, Complaint - limited discovery - P moves for class
- b1 & b2 classes - court may direct appropriate notice to the class -
courts do not decide certification - hearing where judge decides whether to
judgment auto includes all class members, no opt out requirement
merits, but "rigorous certify [not on merits, but rigorous analysis necessarily
b3 classes - the court must direct to class members the best notice
analysis" will requires some overlap.
that is practicable under the circumstances, including individual
necessarily touch on If cert granted - notice to members [b3] - discovery,
notice to all members who can be identified through reasonable
them. [Walmart] negotiate settlement -[with notice] - fairness hearing
effort; must allow members opportunity to opt out
If denied - cases may be brought individually, can appeal
-B3 - representative plaintiff must pay for notice
within 14 days of order.

B3 notice must clearly & concisely state in plain,
easily understood language -
nature of the action
definition of claims certified
class claims, issues, or defenses
-that a class member may enter appearance
through an attorney
-class members can opt out
-time & manner for requesting exclusion
-binding effect of judgment
23[f] - can appeal grant or denial of
class certification even if the judgment
isn't final
- petition to appeal must be filed within
14 days after the order is entered
Subject Matter Jurisdiction -
1331 - Fed question is always
permitted
1332 - diversity - citizenship for
purposes of diversity is residence of
the class representative
-amount in controversy however must
be met for each plaintiff, but there's a
loophole!!
Subject Matter Jurisdiction -
Diversity jurisdiction - look only at represenative for
citizenship, only representative's claim must exceed
75k
Coupon Settlements -
23[e] - court must approve any settlement or dismissal members of class get coupons - good for some
Constitutional Considerations -
-Reasonable notice to class members of settlement discount on future purchase of cars, etc. but plaintiffs
Requirement of Adequate Representation -
-Fairness hearing beore court can approve lawyer is paid in cash
Members of a class cannot be bound (precluded)
-Those settling must disclose side agreements
Federal courts use londestar method for attoney by a judgment involving the class unless that
-For b3, court may refuse to approve settlement unless it
fees - hourly rate of lawyer member was ?adequately represented.?
affords a new opportunity to request exclusion to individaul
- Common fund doctrine - lawyer fees often taken [Hansberry].
class members who could've opted out earlier but didn't
directly from fund created by litigation Due Process - doesn't require PJ for all absent
-Class members may appear at hearing & object
- Representative often gets slightly more for being plaintiffs; for monetary claims [b3] Due process
requires adequate notice - "best practiable,
the representative
reasonably calculated under the circumstances to
23[g] - court certifying class must appoint 23[h] - attorney fees & nontaxable costs apprise interest parties of pendency of action &
class counsel - must consider work counsel - creates a process the court must use to afford them opportunity to represent their
B1 & B2 solve problems that
has done with the claims in action, approve any attorneys' fees, including those objections [Shutts/Mullane]
can't be solved w/o class
experience, knowledge, & resources, class embodied in a settlement, requires notice, - Opportunity to opt out & remove self from class
action - why have B3?
counsel must fairly & adequately represent hearings, findings, opportunity to object to
fees Residual category - not always
the class
clear class action necessary.
Notice - is it Constitutional to not have notice for
P wants to avoid B3 - requires
Class Action Fairness Act 2005 - B1 or B2?
Supplemental Jurisdiction - complicated weighing of
- Federal courts have jurisdiction in class actions even with Don't want to opt out of B1 - want one consistent
1367 - because 1367[b] does advangtages [predomination
"minimal diversity" - any member of class of P diverse with any D judgment
NOT include parties joined requirement], individual notice
-Federal jurisdiction for claims 5 million in aggregate [fed courts B2 - maybe not feasible, can't opt out of discrimination
under Rule 23, the amount in to class members, class
may decline jurisdiction] Shutts/Mullane - holding limited to predominately
controversy lacking by each members can opt out.
-Class actions based on diversity jurisdiction removable even after money damages - nature of interest affects due
individual class member is Requisites are hard to meet,
one year process.
IRRELEVANT - can proceed judge discretion, subjective.
-Any D may remove to federal court - Ds need not all be in -Without opt out, part of class bound but must get
under supplemental agreement money
jurisdiction -If D subject to federal or state regulation, regulatory authorities
must be notified of suit & a pending settlement [Walmart - labor &
employment]
-Coupon settlements - fee awards must be based on value of
coupons actually redeemed not hypothetically redeemed