GLOSSARY AND KEY U.S. SUPREME COURT DECISIONSAdequacy Of Representation – Plaintiffs must show adequacy of representation perRule 23(a)(4) to secure class certification. It requires representative plaintiffs and theircounsel to be capable of fairly and adequately protecting the interests of the class.Amchem Products, Inc. v. Windsor, et al., 521 U.S. 591 (1997) – Windsor is the U.S.Supreme Court decision that elucidated the requirements in Rule 23(b), insofar ascommon questions must predominate over any questions affecting only individual classmembers and class resolution must be superior to other methods for the adjudication ofthe claims.Ascertainability – Although not an explicit requirement of Rule 23, some courts holdthat the members of a proposed class must by ascertainable by objective criteria.Comcast Corp. v. Behrend, et al., 569 U.S. 27 (2013) – Comcast is the U.S. SupremeCourt decision that interpreted Rule 23(b)(3) to require that, for questions of law or factcommon to the class, the plaintiffs’ damages model must show damages are capable ofresolution on a class-wide basis.Commonality – Plaintiffs must show commonality per Rule 23(a)(2) to secure classcertification. This requires that common questions of law and fact exist as to theproposed class members.Class – A group of individuals that has suffered a similar loss or alleged illegalexperience on whose behalf one or more representatives seek to bring suit.Class Action – The civil action brought by one or more plaintiffs in which they seek tosue on behalf of themselves and others not named in the suit but alleged to havesuffered the same or similar harm.Class Certification – The judicial process in which a court reviews the submissions ofthe parties to determine whether the plaintiffs have met their burden of showing thatclass treatment is the most appropriate form of adjudication. In federal courts, theprocess is governed by Rule 23 of the Federal Rules of Civil Procedure.Epic Systems Inc. v. Lewis, et al., 138 S. Ct. 1612 (2018) – Epic Systems is the U.S.Supreme Court decision holding that arbitration agreements requiring individualarbitration and waiving a litigant’s right to bring or participate in class actions areenforceable under the Federal Arbitration Act.Opt-Out Procedures – If a court certifies a class under Rule 23(b)(3), class membersare bound by the court’s judgment unless they opt-out after receiving notice of thelawsuit.Numerosity – Plaintiffs must show that their proposed class is sufficiently numerous6© Duane Morris LLP 2023PAGA Litigation Review – 2023
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