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Class Action Chart

Class Action Chart

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Published by: LegalBlitz on Apr 22, 2012
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FEDERAL CLASS ACTION REQUIREMENTS Must meet all 4 requirements on left side and 1 of the ones on the right

. The three alternatives on the right determine the type of federal class action. Only the third type (common question) requires notice to all class members and allows opting out. Numerous Class (class is so numerous that joinder of all members is impracticable) And Risk of inconsistent results (23b1a) avoid separate actions leading to inconsistent results or Limited Fund (23b1b) multiple claims exceed amount D Can pay, so entire fund goes to one pool to not deprive Other Ps Common Questions (questions of law or fact common to class) And Typicality (classes or defenses of representative parties are typical of claims/defenses of class) And Injunctive or declaratory relief appropriate (23b2) when money damages are inadequate (need injunctive to stop something or Common questions predominate and a class action is superior to alternate methods of adjudication (23b3) Damages class, requires predominance and superiority Questions of law/fact common to class predominate any questions affecting individual members only, so class action is more efficient for pursuing money damages

Fair and adequate representations (representative parties will fairly and adequately protect the interests of the class)

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