Private Attorneys General Act Review – 2023 - Report - Page 6
GLOSSARY AND KEY U.S. SUPREME COURT DECISIONS
Adequacy Of Representation – Plaintiffs must show adequacy of representation per
Rule 23(a)(4) to secure class certification. It requires representative plaintiffs and their
counsel 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 as
common questions must predominate over any questions affecting only individual class
members and class resolution must be superior to other methods for the adjudication of
the claims.
Ascertainability – Although not an explicit requirement of Rule 23, some courts hold
that 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. Supreme
Court decision that interpreted Rule 23(b)(3) to require that, for questions of law or fact
common to the class, the plaintiffs’ damages model must show damages are capable of
resolution on a class-wide basis.
Commonality – Plaintiffs must show commonality per Rule 23(a)(2) to secure class
certification. This requires that common questions of law and fact exist as to the
proposed class members.
Class – A group of individuals that has suffered a similar loss or alleged illegal
experience 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 to
sue on behalf of themselves and others not named in the suit but alleged to have
suffered the same or similar harm.
Class Certification – The judicial process in which a court reviews the submissions of
the parties to determine whether the plaintiffs have met their burden of showing that
class treatment is the most appropriate form of adjudication. In federal courts, the
process 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 individual
arbitration and waiving a litigant’s right to bring or participate in class actions are
enforceable under the Federal Arbitration Act.
Opt-Out Procedures – If a court certifies a class under Rule 23(b)(3), class members
are bound by the court’s judgment unless they opt-out after receiving notice of the
lawsuit.
Numerosity – Plaintiffs must show that their proposed class is sufficiently numerous
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PAGA Litigation Review – 2023
