Civil Procedure Outline - Class Actions. Rule 23. Rule 23(b)(3): Predominance and Superiority. In defending against class actions, the single most important motion facing a defendant is the plaintiff’s motion to certify a class. However, to be within 23(b)(2) the defendant’s conduct must be “generally applicable” to the class. Finally, in 1938 Congress promulgated the Federal Rules of Civil Procedure, finally bringing into life the class action device pursuant to the original version of Rule 23. Class Action Rule 23(a) Prerequisites Standards Chart (2d Cir.) Unlike Federal Rule 23, the Massachusetts class action rule does not require the giving of notice to members of the class; nor does it provide to members of the class the opportunity to exclude themselves. Rule 23(c) and (d) are designed to afford protection to absent members of the class. A showing of harm or offense to each class member is not required. Under Rule 23(a), there are four prerequisites for class action treatment. Numerosity- Class must be sufficiently numerous that "joinder of all members is impracticable." P. 23 under which it is claimed that the suit is properly maintainable as a class action. The Advisory Committee notes of Rule 23 caution against mass torts being used in the class action context: Rule 23(b)(2) creates a mandatory class with no ability to opt-out, but no notice is required. This type of class action is the most common and often the most successful. The new rule maintained representative actions, but additionally allowed absent parties to be bound by judgments entered thereunder. The class action requirements of Rule 23 … Defending Against Class Actions. Once an action complies with all four conditions under Rule 23(a), a class action must also satisfy at least one of the three requirements of Rule 23(b). The most common one is Rule 23(b)(3)—classes seeking monetary damages. By: Jim Wagstaffe and The Wagstaffe Group A PARTY SEEKING CLASS CERTIFICATION MUST SATISFY THE four requirements set forth under Fed. (a) Class Action Complaint. The complaint in a class action case must bear next to its caption the legend, “Complaint-Class Action.” The complaint must contain, under a separate heading styled “Class Action Allegations,” the following: (1) A reference to the portion or portions of Fed. R. Civ. R. Civ. In federal court, Rule 23 of the Federal Rules of Civil Procedure governs class actions. Posted on 11-02-2018 . Rule 23(b)(1) covers zero-sum games, situations where finding in favor of one class member would necessarily require finding against another class member later.This can be either because one class member would receive rights that would infringe on another’s rights (like in riparian rights cases), or because the damages fund is limited, so that any award to one class member would … Commonality of questions of law or fact "Common nucleus of … A common example of a class action that does not meet the predominance requirement of Rule 23(b)(3) is the mass tort action. P. 23(a) (Rule 23(a)).. Numerosity.