![]() Moreover, because the class members generally do not actively participate in a class action lawsuit, class actions pose a risk that the class representative and his counsel will not always act in accordance with the class members' best interests. At the same time, however, class actions can occasionally subject defendants to costly or abusive litigation. In a class action, a plaintiff (known as the "class representative," the "named representative," or the "named plaintiff") may sue the defendant not only on his own behalf, but also on behalf of other entities (the "class members") who are similarly situated to the class representative in order to resolve any legal or factual questions that are common to the entire class.Ĭourts and commentators have recognized that class actions can serve several beneficial purposes, including economizing litigation and incentivizing plaintiffs to pursue socially desirable lawsuits. Divergent Incentives for Class Members and Class CounselĪ class action is a procedure by which a large group of entities (known as a "class") may challenge a defendant's allegedly unlawful conduct in a single lawsuit, rather than through numerous, separate suits initiated by individual plaintiffs.Codifying the Ascertainability Doctrine.Legislative Proposals for Changing Class Action Law. ![]() Subclasses and Certification as to Particular Issues.Courts Rejecting an "Administrative Feasibility" Requirement.Courts Adopting an "Administrative Feasibility" Requirement."Opt Out" Class Actions (Rule 23(b)(3)).Injunctive or Declaratory Relief (Rule 23(b)(2)).Incompatible Standards of Conduct/Limited Funds (Rule 23(b)(1)).Federal Rule of Civil Procedure 23(b)-Additional Requirements for Various Types of Class Actions.Adequate Representation (Rule 23(a)(4)).Federal Rule of Civil Procedure 23(a)-Mandatory Class Prerequisites.Protecting Defendants from Inconsistent Adjudications.The report concludes by identifying ways in which Congress could modify the legal framework governing class actions if it were so inclined, with a particular focus on a bill currently pending in the 115th Congress that would effectuate a variety of changes to the class action system. The report then discusses Rule 23’s restrictions on the parties’ ability to settle a certified class action. An Appendix to the report also contains a reference chart that graphically illustrates those prerequisites for class certification. The report also discusses the prerequisites that a class action must satisfy before a court may “certify” it-that is, before a federal court may allow a case to proceed as a class action. It begins by discussing the purpose of class actions, as well as the risks class actions may pose to defendants, class members, and society at large. This report serves as a primer on class action litigation in the federal courts. For similar reasons, Rule 23 also subjects proposed class action settlements to the scrutiny of the federal courts. In an attempt to balance the benefits of class actions against the risks to defendants and class members, Federal Rule of Civil Procedure 23 establishes a rigorous series of prerequisites that a federal class action must satisfy. Moreover, because the class members generally do not actively participate in a class action lawsuit, class actions pose a risk that the class representative and his counsel will not always act in accordance with the class members’ best interests. In a class action, a plaintiff (known as the “class representative,” the “named representative,” or the “named plaintiff”) may sue the defendant not only on his own behalf, but also on behalf of other entities (the “class members”) who are similarly situated to the class representative in order to resolve any legal or factual questions that are common to the entire class.Ĭourts and commentators have recognized that class actions can serve several beneficial purposes, including economizing litigation and incentivizing plaintiffs to pursue socially desirable lawsuits. A class action is a procedure by which a large group of entities (known as a “class”) may challenge a defendant’s allegedly unlawful conduct in a single lawsuit, rather than through numerous, separate suits initiated by individual plaintiffs.
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