Ten Cases to Educate You

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The adequacy requirement tends to be much-analyzed, but–at least from a defense perspective–wildly under-enforced. As Dean Robert Klonoff recently wrote, one reason for this may be that it is so difficult for class counsel to actually identify plaintiffs that can serve as adequate class representatives. But, as a result, there are numerous cases that challenge class actions where the named plaintiffs serve as little more than stand-ins for their counsel, rather than exercising any independent judgment. Adequacy is a particularly important doctrine because it has due process implications, and because it comes up in class settlements and in later … Continue Reading

Typicality tends to be a useful, if not always used, way of framing various class action issues. Its primary purpose is to ensure that the class action is really a representative lawsuit rather than just an individual case with pretensions. Given the rulings on typicality so far, it’s worth asking how defendants might argue it more effectively.

Ten Cases to Bring You Up to Speed:

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 Commonality (Rule 23(a)(2)) and predominance (one half of Rule 23(b)(3)) are often considered the heart of the class action certification inquiry. Rightly so, for they both strike at the real question a judge must ask: do the class members have enough in common to justify binding them all together in a single case? Through the 1990s and 2000s, predominance was considered the more important inquiry. In the 2010s, it appears that commonality is gaining ground.

Ten Cases to Bring You Up to Speed:

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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 … Continue Reading