Federal Class Action Practice Manual - Internet Edition
© 1999 Timothy E. Eble
Table of Contents
Checklists & Forms
FCAP Manual: Detailed Outline
- Chapter 1: Historical Development
and General Principles
- [§ 1] Introduction
- [§ 2] Historical Development of Representative Litigation
- [§ 3] Service of Process on Absentee Class Members Not Required
- [§ 4] Judicial Economy and Resolution of Claims Facilitated
by Class Action Procedure
- [§ 5] Defendant Class Action Litigation
- [§ 5.1] Class Actions in Bankruptcy Court
- [§ 6] Individual Interests and Rights Must be Protected in
Class Action
- Chapter 2: Mandatory Prerequisites
for Class Certification
- [§ 7] Standing to Bring Suit
- [§ 8] All Rule 23 Elements Must be Satisfied if Case is to
be Certified
- [§ 8.1] All Rule 23 Elements Must be Satisfied to Certify Subclass
- [§ 9] Numerosity
- [§ 10] Impossibility of Joinder Not Required
- [§ 11] Factors Considered in Determining Impracticability of
Joinder
- [§ 12] Common Questions of Fact or Law Required but Not on
All Issues
- [§ 12.1] Liberal Standard for Finding Commonality
- [§ 13] TypiClass Action Litigationty: Named Plaintiff's Claims/Defenses Must be
Typical of Class
- [§ 14] Adequacy of Representation
- [§ 14.1] Adequacy: Conflicts of Interest Among Class Members
- [§ 15] Adequacy: Practical Considerations
- Chapter 3: Factors Impacting Propriety
of Certification
- [§ 16] Presence of a Common Nucleus of Operative Facts
- [§ 16.1] Single Course of Conduct as Cause of Disaster
- [§ 16.2] Requests for Joint Relief that Inures to Benefit of
all Class Members
- [§ 17] Financial Circumstances and Incentives of Absent Class
Members
- [§ 18] Manageability Concerns
- [§ 18.1] Presence of Counterclaims alleged by Defendants
- [§ 19] Requests for Joint Relief
- Chapter 4: Rule 23(b) Alternative
Grounds for Certification
- [§ 20] Class May be Certified Pursuant to One or More Grounds
- [§ 20.1] Public Policy Favors Liberal Interpretation of Rule
23
- [§ 21] Rule 23(b)(1)
- [§ 22] Rule 23(b)(1)(A) "Inconsistent or Varying Adjudications"
- [§ 23] Rule 23(b)(1)(B) "Limited Fund Situations"
- [§ 24] Rule 23(b)(2) "Injunctive or Declaratory Relief"
- [§ 25] Rule 23(b)(3) "Common Questions of Law or Fact"
- [§ 25.1] Questions of Law or Fact Must Predominate
- [§ 25.2] Class Action Must be Superior to Other Methods
- Chapter 5: Jurisdiction and Venue
in Class Action Litigation
- [§ 26] Jurisdiction of Federal District Courts in Class Action
Litigation
- [§ 27] Diversity of Citizenship
- [§ 27.1] The Amount in Controversy in Diversity Class Actions
- [§ 27.2] Fraudulent Joinder Doctrine
- [§ 28] Effect of Failure to Meet Jurisdictional Requirements
- [§ 29] Federal Question Jurisdiction
- [§ 29.1] Federal Removal Jurisdiction
- [§ 30] Personal Jurisdiction
- [§ 31] Venue Determination
- Chapter 6: Pleading, Certification,
Notice and Tolling
- [§ 32] Pleading Elements: Threshold Considerations
- [§ 33] Class Certification
- [§ 33.1] The Tolling of a Class Action as to Absent Class Members
- [§ 34] Standard of Review for Class Action Rulings
- [§ 35] Standard of Review for Class Certification Rulings
- [§ 36] Standard of Review for Certification of a Class for
Settlement
- [§ 37] Certification Orders are Provisional and Subject to
Revocation
- [§ 37.1] Certification Orders are Subject to Interlocutory
Review
- [§ 38] Procedures for Providing Notice to the Class
- [§ 39] When Notice Not Required
- [§ 40] When Notice is Mandatory
- [§ 41] Content of Class Notice
- [§ 42] Dissemination of Notice to the Class
- [§ 43] Opt-Out Rights in a Rule 23(b)(3) Class Action
- [§ 43.1] Attempts to Effect Opt-Outs En Masse
- [§ 43.2] Effect of Failure to Timely Opt-Out
- Chapter 7: Objections to and Intervention
in Class Action Proceedings
- [§ 44] Objections
- [§ 45] Intervention
- [§ 45.1] Intervention as of Right Under Rule 24(a)
- [§ 45.2] Permissive Intervention Under Rule 24(b)
- [§ 45.3] Intervention in Class Actions
- [§ 45.4] Interest Required and Timeliness Issue
- Chapter 8: Discovery in Class Action
Litigation
- [§ 46] Discovery Prior to the Filing of a Motion for Certification
- [§ 47] Scope of Discovery Prior to Certification
- [§ 48] Discovery of Absent Class Members
- Chapter 9: Settlement or Trial of
the Class Action
- [§ 49] Settlement Class Actions
- [§ 49.1] Settlement of Federal Claims in State Court
- [§ 50] Dismissal or Compromise Requires Court Approval
- [§ 51] Notice of Compromise
- [§ 52] Standards for Reviewing Proposed Settlement - Overview
- [§ 52.1] Standards for Reviewing Proposed Settlement
- [§ 53] Applicability of Res Judicata and Issue Preclusion
- [§ 54] Appeal Rights
- [§ 55] Attorney Fee Awards
- [§ 56] Distribution of Damages Awarded After Judgment
- Appendix: Tables and Summaries
- [§ 57] Summary of Appellate Review Standards