It’s summertime, when kids attend camp. We tell ourselves this is play, but a lot of camps focus intensively on building up certain skills. This summer, Class Action Countermeasures will be doing the same thing, presenting a number of posts that introduce you to the very basics of class-action practice. (For those who read my post a few weeks ago about cutting down the costs of legal education, consider this a first stab at the case syllabus I was talking about.)  Like in most summer camps, you’ll have to do a fair amount of the work yourself.  I am not going to weave your lanyards for you.  But I will provide you with the raw materials.  

I have a selfish personal reason for trying out Class Action Summer Camp as well. My daughter is due to be born on July 6. I have a creeping suspicion that this might disrupt my schedule a little. So, to ensure regularity of posting, it made sense to have a few posts in the can. Enjoy!

Numerosity and Ascertainability.

In very simple terms, numerosity asks if the problem is large enough to justify a class action. Ascertainability asks whether there is an identifiable group to which the court can grant relief. Of course, the issues are more complicated than these single-sentence summaries.

Ten Cases to Bring You Up to Speed:

Further Reading:

Questions About Numerosity & Ascertainability:

  • Do the twin issues of "fail-safe" and "overbroad" class definitions represent a balancing act or a trap for plaintiffs?
  • How much evidence does a plaintiff need to present that her class is sufficiently numerous?
  • What does "impracticable" mean?