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.Collective Action – A type of representative proceeding governed by 29 U.S.C.§ 216(b) where one or more plaintiffs seeks to bring suit on behalf of others who mustaffirmatively opt-in to join the litigation. It is applicable to claims under the Fair LaborStandards Act, the Age Discrimination in Employment Act, or the Equal Pay Act.Decertification – Following an order granting conditional certification of a collectiveaction or certification of a class action, a defendant can move for decertification basedon the grounds that the members of the collective action are not actually similarlysituated or that the requirements of Rule 23 are no longer satisfied for the class action.DM39529965.1© Duane Morris LLP 20236Wage & Hour Class And Collective Action Review – 2023
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