On the first day of the National Institute on Class Actions, CADS members Andrew McGuinness and Daniel Karon presented their now legendary “Class Actions 101” seminar, which is a valuable tool on the requirements that must be satisfied to certify a class.
The following is a summary for the major rules of the road for those new to prosecuting or defending class cases.
First, Rule 23 has several implicit requirements:
- There must be a live claim or controversy in dispute. In practice this means that the named class representative must have a live claim, at least up until the class is certified.
- The class representatives must be members of the proposed class.
- The class must be defined by objective criteria. This implicit mandate, referred to in some circuits as “ascertainability,” can also require that the plaintiff identify an administratively feasible method of determining who is in the class. What standard applies depends on the circuit.