RULE 23 OF THE FEDERAL RULES
OF CIVIL PROCEDURE
RULE 23. CLASS ACTIONS
(a) Prerequisites to a Class Action.One or more members of a class may sue or be sued as representative parties on
behalf of all only if (1) the class is so numerous that joinder of all members is
impracticable, (2) there are questions of law or fact common to the class, (3) the
claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately
protect the interests of the class.
(b) Class Actions Maintainable.An action may be maintained as a class action if the prerequisites of subdivision(a) are satisfied, and in addition:
|1. ||the prosecution of separate actions by or against individual members of the
class would create a risk of|
|A. ||inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or|
|B. ||adjudications with respect to individual members of the class which
would as a practical matter be dispositive of the interests of the other
members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or|
|2. ||the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole;
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Class Action Dilemmas:Pursuing Public Goals for Private Gain.
Contributors: Deborah R. Hensler - Author, Nicholas M. Pace - Author, Bonita Dombey-Moore - Author, Beth Giddens - Author, Jennifer Gross - Author, Erik K. Moller - Author.
Place of publication: Santa Monica, CA.
Publication year: 2000.
Page number: 507.
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