Class Action
A class action under FRCP Rule 23 is a lawsuit where one or more representative plaintiffs sue on behalf of a larger group (class) with common claims, requiring numerosity, commonality, typicality, adequacy, and satisfaction of one Rule 23(b) category.
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Exam Tip
Rule 23(a): Numerosity, Commonality, Typicality, Adequacy. Rule 23(b)(3) damages class requires Predominance + Superiority. 23(b)(3) allows opt-out.
What is a Class Action?
A class action allows one or more named plaintiffs to represent a larger group of similarly situated individuals in litigation. This procedural device promotes efficiency and provides access to justice for claims too small to pursue individually.
Rule 23(a) Requirements (All Must Be Met)
| Requirement | Standard |
|---|---|
| Numerosity | Class so numerous that joinder is impracticable (generally 40+) |
| Commonality | Common questions of law or fact (Wal-Mart v. Dukes - must be capable of classwide resolution) |
| Typicality | Representative's claims typical of class |
| Adequacy | Representative and counsel will fairly protect class interests |
Rule 23(b) Categories (At Least One Required)
| Category | Type | Requirements |
|---|---|---|
| 23(b)(1)(A) | Risk of inconsistent adjudications | Incompatible standards of conduct |
| 23(b)(1)(B) | Limited fund | Recovery would impair other claimants |
| 23(b)(2) | Injunctive/Declaratory relief | Defendant acted on grounds generally applicable to class |
| 23(b)(3) | Damages | Predominance + Superiority |
Opt-Out Rights
| Category | Opt-Out |
|---|---|
| 23(b)(1), (b)(2) | No opt-out right |
| 23(b)(3) | Members may opt out |