Subclasses 23C5 When appropriate, class subdivided and each treated as class 23E Settlement 1. Settlement needs to be approved by court to be fair, and reasonable 2. Trial member can object 3. You can opt out 23(f): appeals 14 days to interlocutory appeal for class ceritiffciaiton Notes 23(a) requirements 4 initial requirements Numerosity - 23(a)(1) established if the class representative can show that enough – persons are in the class to make joining them as individuals impractical. Typically at least 100. Only really require 40 (generally). If less than 20, may just use joinder Commonality 23(a)(2) jargon for idea that the trial should be a class that is – – – should consist of persons who share characteristics that matter in terms of the substantive law involved. Typicality 23(a)(3) - requirement that trial representatives stand, in significant – respects, in the same shoes as the average class member. Less important than the lawyers. Adequacy of representation 23(a)(4) - class representative must have some stake – in the litigation. The representative’s relation to the lawyer should be straightforward. Lawyer has to be sufficiently skillful and equipped with sufficient support and resources to handle the case. Look at resources/experience of law firm Can have discovery to find these requirements of Classes 23(b)(1) class recovery: is essentially a mass production version of Rule 19. –class provides a way to assure that similarly situated parties are treated alike. Do they have an interest that would be impaired if it does not proceed as a class action? If you sue one at a time will the parties that sue first get more money than those that sue later? Limited – funds question. 23(b)(1)(a): about inconsistency of judgments orders from multiple suits would cause conflicting orders avoid whipsawing 23(b)(1)(b): for a limited fund for s 23(b)(2) injunctive relief class: provides for class actions where the party opposing the – class has acted or refused to act grounds generally applicable to the class.” Availability “on is limited to cases in which the plaintiffs are seeking injunctive or declaratory relief. (Civil Rights cases) classic are discrimination cases new standard: if any individualized damages, can’t be injunctive relief class action
Subclasses 23C5 When appropriate, class subdivided and each treated as class 23E Settlement 1. Settlement needs to be approved by court to be fair, and reasonable 2. member can object 3. You can opt out 23(f): appeals 14 days to interlocutory appeal for class ceritiffciaiton Notes 23(a) requirements 4 initial requirements Numerosity - 23(a)(1) – established if the class representative can show that enough persons are in the class to make joining them as individuals impractical. Typically at least 100. Only really require 40 (generally). If less than 20, may just use joinder Commonality – 23(a)(2) – jargon for idea that the should be a class – that is should consist of persons who share characteristics that matter in terms of the substantive law involved. Typicality – 23(a)(3) - requirement that representatives stand, in significant respects, in the same shoes as the average class member. Less important than the lawyers. Adequacy of representation – 23(a)(4) - class representative must have some stake in the litigation. The representative’s relation to the lawyer should be straightforward. Lawyer has to be sufficiently skillful and equipped with sufficient support and resources to handle the case. Look at resources/experience of law firm Can have discovery to find these requirements of Classes 23(b)(1) class –class recovery: is essentially a mass production version of Rule 19. provides a way to assure that similarly situated parties are treated alike. Do they have an interest that would be impaired if it does not proceed as a class action? If you sue one at a time will the parties that sue first get more money than those that sue later? – Limited funds question. 23(b)(1)(a): about inconsistency of judgments orders from multiple suits would cause conflicting orders avoid whipsawing 23(b)(1)(b): for a limited fund for s 23(b)(2) – injunctive relief class: provides for class actions where the party opposing the class has acted or refused to act “on grounds generally applicable to the class.” Availability is limited to cases in which the plaintiffs are seeking injunctive or declaratory relief. (Civil Rights cases) classic are discrimination cases new standard: if any individualized damages, can’t be injunctive relief class action Trial trial trial
Civil%20Procedure%20II-%20Raven%20Hansen-%20Spring%202014.docx