Challenging Class Actions Standing and Ascertainability

April/May 2015Articles Practical Law The Journal

Reprinted with permission from the April/May issue of Practical Law The Journal. (c) 2015 Thomson Reuters. Further duplication without permission is prohibited. All rights reserved.

It is well-known that class actions may proceed only if the requirements for class certification under Federal Rule of Civil Procedure (FRCP) 23 are met. Would-be class plaintiffs bear the burden of showing that the case satisfies the requirements of numerosity, commonality, typicality, and adequacy under FRCP 23(a) and falls under one of the three categories delineated in FRCP 23(b).

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Reprinted with permission from the April/May issue of Practical Law The Journal. (c) 2015 Thomson Reuters. Further duplication without permission is prohibited. All rights reserved.