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    Class Action Chart

    Uploaded by

    Ronnie Barcena Jr.
    This document provides a step-by-step chart outlining the class action certification process under the Federal Rules of Civil Procedure. It begins with defining the class and claims in step 1. Step 2 requires proving that the class meets the four requirements of numerosity, commonality, typicality, and adequacy of representation. Step 3 is fitting the class into one of the types described in Rule 23(b). If fitting under Rule 23(b)(3), steps 4 and 5 require additionally proving predominance and superiority, and notifying class members so they can opt-out. The chart provides details on analyzing and meeting the requirements at each step to certify a class action.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Class Action Chart

    Uploaded by

    Ronnie Barcena Jr.
    505 views1 page
    This document provides a step-by-step chart outlining the class action certification process under the Federal Rules of Civil Procedure. It begins with defining the class and claims in step 1. Step 2 requires proving that the class meets the four requirements of numerosity, commonality, typicality, and adequacy of representation. Step 3 is fitting the class into one of the types described in Rule 23(b). If fitting under Rule 23(b)(3), steps 4 and 5 require additionally proving predominance and superiority, and notifying class members so they can opt-out. The chart provides details on analyzing and meeting the requirements at each step to certify a class action.

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    Class action chart

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    This document provides a step-by-step chart outlining the class action certification process under the Federal Rules of Civil Procedure. It begins with defining the class and claims in step 1. Step 2 requires proving that the class meets the four requirements of numerosity, commonality, typicality, and adequacy of representation. Step 3 is fitting the class into one of the types described in Rule 23(b). If fitting under Rule 23(b)(3), steps 4 and 5 require additionally proving predominance and superiority, and notifying class members so they can opt-out. The chart provides details on analyzing and meeting the requirements at each step to certify a class action.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    505 views1 page

    Class Action Chart

    Uploaded by

    Ronnie Barcena Jr.
    This document provides a step-by-step chart outlining the class action certification process under the Federal Rules of Civil Procedure. It begins with defining the class and claims in step 1. Step 2 requires proving that the class meets the four requirements of numerosity, commonality, typicality, and adequacy of representation. Step 3 is fitting the class into one of the types described in Rule 23(b). If fitting under Rule 23(b)(3), steps 4 and 5 require additionally proving predominance and superiority, and notifying class members so they can opt-out. The chart provides details on analyzing and meeting the requirements at each step to certify a class action.

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    Class Action Chart:

    STEP 1: DEFINE STEP 2: PROVE STEP 3: FIT STEP 4: PROVE STEP 5: NOTIFY
    FRCP 23(c) FRCP 23(a) FRCP 23(b) FRCP 23(b)(3) FRCP 23(c)(2)(B)
    1. Class and Claims.

    Class Representative (CR)
    must be a member of the
    class (CM).

    2. The standard of the
    analysis:

    Rigorous: Party seeking
    certification (PSC) must
    prove the four elements
    of a proper class.

    Court must determine
    whether to certify class
    at an early practicable
    time.

    Order certifying class
    must (1) define class and
    class claims and (2)
    appoint class counsel.

    Permits court to direct
    notice to (b)(1) and (b)(2)
    class members.

    Requires that notice and
    opportunity to opt out
    be given to (b)(3) class
    members.

    Numerosity.
    Joinder impracticable.

    Commonality.
    Common question that
    resolves an issue
    central to the validity
    of each CMs claim.

    Typicality.
    CR must possess the
    same interest and
    suffer the same injury
    typical of the CMs.

    Adequacy of
    Representation.

    By CR:
    Fully motivated and
    resourced including
    adequate counsel.

    By Counsel:
    Investigated
    Experienced
    FRCP 23(g)

    FRCP 23(b)(1)
    Impaired/ Exposed
    Class.

    Same analysis of these
    factors as compulsory
    joinder (FRCP 19) or
    interpleader (FRCP 22).

    FRCP 23(b)(2)
    Injunction/ Declaration
    Class.
    Money must be
    incidental.
    Incidental means the
    cost of the injunction.
    Any other money =
    NOT a FRCP 23(b)(2)
    class.

    FRCP 23(b)(3)
    Common/ Money
    Class.*

    *IF FRCP (b)(3), PSC
    must go on to Steps 4
    and 5.



    Predominance.
    Individual questions
    must not overwhelm
    common questions.

    Superiority.
    Members interest in
    prosecuting their own
    claim.

    Other litigation on the
    claim.

    Suitable forum.

    Manageable class.



    FRCP 23(b)(3):
    Becoming more and
    more controversial
    because it is being used
    for mass torts.
    If the Class is certified under
    FRCP 23(b)(3), CMs must
    receive notice that meets the
    requirements of FRCP
    26(c)(2)(B).

    For exam purposes, notice
    to CMs must:

    1. Meet Mullane standard.

    2. Opt-out option.

    3. Inform that judgment is
    binding on CM who
    receives notice and does
    not opt out.

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