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Class Action Outline

Law Outlines > Civil Procedure (Duke Trina Jones) Outlines

This is an extract of our Class Action document, which we sell as part of our Civil Procedure (Duke Trina Jones) Outlines collection written by the top tier of Duke University School Of Law students.

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Class action

1.1. Rationales and critics for class action I.

II. Rationales: a. The legal system makes some claims and defenses uneconomical to bring or defend. Allowing class action would increase the potential for deterring wrongdoers and forcing wider compliance with the law. b. Allowing class action can safe judicial resources on duplicate claims. Critics: a. Availability of class actions increases the number of claims that are brought b. The representatives have no legal authority to make litigation decisions on behalf of the million members of the class. The lawyer will often be talking about her own fee when settling the claim on behalf of the class.

1.2. Rule 23(a) four requirements I.


Numerosity (Rule 23(a)(1)) requires the class representative to should that enough persons are in the class to make joining them as individuals impractical. Typically classes consist of at least hundreds of persons. Commonality (Rule 23(a)(2)) requires that a class should consist of persons who share characteristics that matter in terms of the substantive law involved. a. In Title VII actions, commonality can be found if the employer used a biased testing procedure to evaluate applicants; or if there is significant proof that an employer operated under a general policy of discrimination. (Walmart) b. Regional and national statistics do not establish the existence of disparities at the individual corporation level. (Walmart) Typicality (Rule 23(a)(3)) requires that class representatives stand, in significant respects, in the same shoes as the average class member. Adequacy (Rule 23(a)(4)) is measured in several ways. Some courts require that the class representative must have some stake in the litigation. Some other courts focus more on the class lawyer. Rule 23(g) enumerates factors a court should consider: (1) the work counsel has done in identifying or investigating potential claims in the action; (2) counsel's experience in handling class actions, other complex litigation, and the types of claims asserted in the action; (3) counsel's knowledge of the applicable law; and (4) the resources that counsel will commit to representing the class. Court may also consider any other matter pertinent to counsel's ability to fairly and adequately represent the interests of the class.

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