Rule 23 and Class Certification 2019

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THIS CASEBOOK contains a selection of U. S. Court of Appeals opinions that review class certification decisions under Rule 23 of the Federal Rules of Civil Procedure.

A representative plaintiff may sue on behalf of a class when the plaintiff affirmatively demonstrates the proposed class meets the four threshold requirements of Federal Rule of Civil Procedure 23(a): numerosity, commonality, typicality, and adequacy of representation. In re Hyundai and Kia Fuel Econ. Litig., 881 F.3d 679, 690 (9th Cir. 2018) (citing Comcast Corp. v. Behrend, 569 U.S. 27, 33, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013)); Leyva v. Medline Indus. Inc., 716 F.3d 510, 512 (9th Cir. 2016). Additionally, a plaintiff seeking certification under Rule 23(b)(3) must demonstrate that "questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy." In re Hyundai, 881 F.3d at 690-91 (quoting Fed. R. Civ. P. 23(b)(3)).

Sali v. Corona Regional Medical Center, 889 F. 3d 623 (9th Cir. 2018)