2. Class Actions

3. Pete Plaintiff Truck Designed by Truck Co

4. Ophelia Outsider (1 of 200 Owners) Truck Designed by Truck Co

5. Pete Plaintiff, ) Plaintiff) v. )Case #____ Truck Co) Defendant) Pete sues TruckCo & loses. Can Pete sue TruckCo again? Pete sues TruckCo & wins $10K. Can Pete sue TruckCo asking for $20K? Pete sues TruckCo & loses. Can Ophelia sue TruckCo?

6. Pete Plaintiff, ) Plaintiff) On behalf of himself & as) representative of all ) owners of TruckCo Trucks ) ) v.) ) Truck Co) Defendant)

7. Atom Plant Co, ) Plaintiff) v. ) Lavender Leader) Defendant) Suit for Injunction Atom Plant Co, ) Plaintiff ) v. ) Lavender Leader ) as representative ) of the class of... ) Defendant ) Suit for Injunction

8. Class Member Perspective AdvantagesDisadvantages Litigate small claims at reasonable cost Deter small wrongs Quicker trials ?? Super nuisance value Less control of your destiny Can’t pick lawyer Might get sold out Losing “free ride”

9. Opponent Perspective AdvantagesDisadvantages All class members bound Avoids repeated litigation May be able to buy out cheap Very Expensive Risk of Super nuisance value Desire to commit small wrongs

10. Justice System Perspective AdvantagesDisadvantages Avoids repeated litigation Very hard to manage Prevents inconsistent verdicts Bias for or against parties or type of litigation Expensive for court

11. Hansberry v. Lee

12. Focus on first law suit: Who is suing whom for what? Plaintiff Woodlawn Property Owners Ass’n Defendants Kleiman (White owner/landlord) Hall (Black tenant) As representatives of the class of of all Woodlawn landowners Which included Hansberry’s grantor Who should be bound by the outcome?Why aren’t Hansberry’s bound? Why wasn’t WPOA an adequate representative for the Hansberry’s? Would it have solved the problem to have named K&H as reps of a D class?

13. Federal Class Action Certification Requirements

14. Mnemonic Devices: NuCTAB Night Comes To All Barristers Numerosity Commonality Typicality Adequacy B Requirements

15. Mnemonic Devices: PIC Please Insert Coin Prejudice Injunctions Common Questions

16. Prejudice to Opponent Risk of multiple adjudications Leading to inconsistent obligations E.g., suit to require corporation to declare dividends What does this sound like? 19(a)(2)(ii) Prejudice to Outsider Risk that trial without anyone representing the class members Will injure their interests as a practical matter E.g., limited fund What does this sound like? 19(a)(2)(i) Mnemonic Device: POO Prejudice to Opponent or Outsider

17. Opponent of class has acted on Generally applicable standards with Respect to the class members, making Enjunctive relief appropriate I know it’s spelled wrong Mnemonic Device: OGRE Civil Rights Class Actions

18. Predominance Superiority Mnemonic Device: P.S. SAME Common questions predominate over non-common questions Class action treatment is superior to individual litigation considering: Single Forum Desirability of litigating in one place Autonomy Interests of class members in individually controlling litigation Manageability Will it be manageable compared to alternatives Existing litigation Will class action disrupt cases already filed by class members