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Class Action Chart

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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Ronnie Barcena Jr.
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644 views1 page

Class Action Chart

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.

Uploaded by

Ronnie Barcena Jr.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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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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