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Class Action by Mind Map: Class Action
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Class Action

Prerequisites

Numerosity

So large that joinder under Rules 19 or 20 is impractable, Numbers, Geographic distribution, Amount at stake

Commonality

Common question of law or fact

Typicality

Of claims or defenses

Adequacy of representation

Of the claims of the representatives, Need to have the same stake as the class

Of the attorney, Competent in the substantive area of law, Experience in class actions

Types

(1) looks like Rule 19 grown large

(1)(A), Incompatible standards of conduct, Example, Municipality issuing bonds

(1)(B), As a practical matter, a judgment would impair or impede ability to protect interests, Limited fund class actions, Earlier actions would be dispositive of the later actions

(2) Declaratory or injunctive relief

(3) Common question class actions

Predominance, The questions of the class must predominate over the interest of the individuals

Superiority, Is the superior method to other joinder methods, Interest in the indvidual members to control litigation, Extent to which the litigation is already pending, How desirable is it to bring in one lawsuit, Management difficulties

Individual notice to all class members

Option to opt out of the litigation, Positive step