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1 1 (February 21, 2025)

handle is hein.crs/govesmy0001 and id is 1 raw text is: Prerequisites Must Be Met Rule 23(a)(1) The proposed class must be so large that it would beimpracticablefor all the class members to bejoined in a single proceeding. There is not a strict numerical cutoff, but courts have observed that a class of more than 40 members generally satisfies the numerosity requirement. Rule 23(a)(2) * There must bequestions of law or fact common to the class. N Commonality requires that the class members have suffered the same injury and that there is at least one common question central to the claims. Rule 23(a)(3) * Theclaims or defenses of the representative partiesmust betypical of the claims or defenses of the class. * This helps ensure that the class representatives' interests are aligned with the whole class by requiring sufficient similarity between the legal and factual bases of their claims. Rule 23(a)(4) * The named plaintiff(s) must show that the representative parties will fairly and adequately protect the interests of the class!' S This rule focuses on potential conflicts of interest between the representative parties and the other class members, as well as on class counsel's competency and potential conflicts of interest. Must Fall Into AT LEAST ONE ofThese Categories E E: E- Rule 23(b)() ( This is the least common type of class action. Rule 23(b)(1)(A): Permits class actions when separate lawsuits would riskinconsistent or varying adjudicationsthat impose incompatible standards of conduct for the party opposing the class. fr This encompasses situations when alegal requirementor practical necessity requires the party opposing the class to treat all class members alike, such that separate lawsuits could result in conflicting court orders governing the party's conduct toward class members. Rule 23(b)(1)(B): Permits class actions when separate lawsuits,as a practical matter, would be dispositive of the interestsof absent class members orsubstantially impair or impede their ability to protect their interests. 0r An example is a lawsuitin which manyplaintiffs claim entitlement toproceeds from a limitedfund thatis not sufficient to cover all their claims. Rule 23(b)(2) Permits class actions whenthe party opposing the class has acted or refused to act on grounds that apply generally to the classand a single injunction or declaratory judgment* would provide relief to all members of the class. fr An example is a civilrights lawsuitseeking a court order to stop a defendant from engaging in class-based discrimination. Rule 23(b)(3) This is the most common type of class action. Permits class actions whenquestions of law or fact common to class members predominate over any questions affecting only individual membersand when proceeding as a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. 1 This category is used primarily in lawsuits seeking money damages. Unlike class actions under Rules 23(b)(1) and (2), class actions under Rule 23(b)(3) require notice of class certification to absent class members, and class members have the righ t to affirmatively opt out of the class action.

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