charlesxavier wrote: brotherdarkness wrote: Good Guy Gaud wrote:
brotherdarkness wrote:"Common question of law or fact" is the standard for class action lawsuits as well, yeah?
Yes. Typicality is also important to remember. So, say you've got like a factory who leaked toxic chemicals into a river that injured people and damaged property. Claims for medical expenses + property damages are not typical.
Ah good catch. And I believe the full rule is that "common questions of law or fact predominate
." So if these injured people were seeking compensatory damages, how would they go about doing so? Would they bring a class action against the factory to establish that the factory was negligent in leaking the toxic chemicals, and then subsequently each bring their own civil case against the factory to establish compensatory damages (using offensive issue preclusion to prevent re-litigation of the negligence issue)?
But if it was strict liability due to abnormally dangerous activity (toxic chemicals or whatever), presumably there'd be no need for the class action and each injured party would bring it's own civil case to collect compensatory damages...
I think there just has to be a common question. Then there are three types of class actions--one where common question predominates (most common), another involving discrimination (maybe?) and a third I can't remember. Notice/opt out is only required for class actions where common questions predominate. But for all class actions there must be commonality, typicality, numerosity and adequacy.
Common questions only have to predominate for B3 classes ($$$ class actions, usually mass tort cases). 95% sure on that. Otherwise, Charles is right, just common questions of law or fact pertain to the class.
three types (in the most general sense)
B1 - risk of inconsistent judgments
B2- injunctive relief
B3 - money damages
B3 requires that the common questions predominate and that the class action method be superior. Also require notice/opt out. B1 and B2 don't require notice/opt out but court has discretion.
(class actions be my fav)