... 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)... Merriam-Webster's Dictionary of Law - 第 80 頁Merriam-Webster, Inc 著 - 1996 - 634 頁有限的預覽 - 關於此書
| Frederick Pontius - 2003 - 1072 頁
...of Civil Procedure lists four threshold requirements applicable to all class actions: 1. Numerosity (the class is so numerous that joinder of all members is impracticable) 2. Commonality (there are questions of law or fact common to the class) 3. Typicality (the claims or defenses... | |
| Eric Stallard, Kenneth G. Manton, Joel E. Cohen - 2005 - 434 頁
...or more members of a class action may sue or be sued as representative parties on behalf of all only if: (1) the class is so numerous that joinder of all...and adequately protect the interests of the class. The case was settled, appealed, remanded, and ultimately refiled as an amended complaint, captioned... | |
| Andrew G. Haldane - 2004 - 368 頁
...23(a); 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...and adequately protect the interests of the class."* In addition. pursuant to FRCP 23(b). an action may be maintained as a class action if any of the following... | |
| James Beck, Anthony Vale - 2004 - 982 頁
...or more members of a class may sue or be sued as representative parties on behalf of all only if (I) the class is so numerous that joinder of all members...and adequately protect the interests of the class. Proponents of the class must establish each of the elements of Rule 23(a). Rule 23(a) concerns whether... | |
| Katherine V. W. Stone - 2004 - 316 頁
...the Federal Rules of Civil Procedure, to be certified as a class action, the moving party must show: (1) the class is so numerous that joinder of all members...the representative parties are typical of the claims and defenses of the class, and (4) the representative parties will fairly and adequately protect the... | |
| United States. Congress. House. Committee on the Judiciary - 2004 - 236 頁
...advertisements by CM, without obtaining the prior express invitation or permission of the recipients. 39. The class is so numerous that joinder of all members is impracticable. 40. Questions of law and fact are common to the cues. 41. The claims of the representative plaintiff... | |
| Jeffrey Brimer, Leslie Smith-Porter - 2005 - 404 頁
...requirements of one of the three subsections of Rule 23(b). Under Rule 23(a) a class may be certified only if: (1) the class is so numerous that joinder of all...and adequately protect the interests of the class. Under Rule 23(b)(2), the subsection under which the group sought certification, a plaintiff must establish... | |
| American Bar Association. Section of Antitrust Law - 2005 - 524 頁
...subsections of Rule 23(b), the plaintiff must also meet the four preliminary requirements of Rule 23(a): (1) the class is so numerous that joinder of all members...and adequately protect the interests of the class. FED. R. Civ. P. 23(a). 4. Amchem Prods, v. Windsor, 521 US 591, 623 (1997). "Common questions need... | |
| George P. Fletcher, Steve Sheppard - 2005 - 700 頁
...litigants is impracticable, (2) there are questions of law or fact in common among every member of the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of every member of the class, (4) and the representative parties will fairly and adequately protect the... | |
| Committee on Business and Corporate Litigation - 2006 - 1338 頁
...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...and adequately protect the interests of the class. (b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites... | |
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