Class action: Difference between revisions
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<blockquote>(1) the class is so numerous that joinder of all members is impracticable"</blockquote> | <blockquote>(1) the class is so numerous that joinder of all members is impracticable"</blockquote> | ||
Known as the "numerosity" requirement, this means that it would be not be manageable for the court to handle every claimant as a full legal participant in the suit. Numerosity is presumed at 40 or more claimants.<ref>https://www.lexisnexis.com/community/insights/legal/practical-guidance-journal/b/pa/posts/class-action-rule-23-a-prerequisites-standards-chart-2d-cir</ref> | Known as the "numerosity" requirement, this means that it would be not be manageable for the court to handle every claimant as a full legal participant in the suit. Numerosity is presumed at 40 or more claimants.<ref>https://www.lexisnexis.com/community/insights/legal/practical-guidance-journal/b/pa/posts/class-action-rule-23-a-prerequisites-standards-chart-2d-cir ([http://web.archive.org/web/20251209233902/https://www.lexisnexis.com/community/insights/legal/practical-guidance-journal/b/pa/posts/class-action-rule-23-a-prerequisites-standards-chart-2d-cir Archived])</ref> | ||
===Commonality=== | ===Commonality=== | ||
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<blockquote>(4) the representative parties will fairly and adequately protect the interests of the class</blockquote> | <blockquote>(4) the representative parties will fairly and adequately protect the interests of the class</blockquote> | ||
Known as the "adequacy of representation" requirement, this means that the [[lead plaintiff]] (the person representing the class) has a shared interest in the case. In almost all cases, this requires that the lead plaintiff must be personally affected by the issue.<ref>https://www.classaction.org/blog/what-does-it-mean-to-be-the-lead-plaintiff-in-a-class-action-lawsuit</ref> | Known as the "adequacy of representation" requirement, this means that the [[lead plaintiff]] (the person representing the class) has a shared interest in the case. In almost all cases, this requires that the lead plaintiff must be personally affected by the issue.<ref>https://www.classaction.org/blog/what-does-it-mean-to-be-the-lead-plaintiff-in-a-class-action-lawsuit ([http://web.archive.org/web/20260111224656/https://www.classaction.org/blog/what-does-it-mean-to-be-the-lead-plaintiff-in-a-class-action-lawsuit Archived])</ref> | ||
==Importance for consumer rights== | ==Importance for consumer rights== | ||