Title: Commonality requirements in US class actions
Abstract: Rule 23(a)(2) of the United States Federal Rules of Civil Procedure provides that a plaintiff seeking orders permitting an action to proceed as a class action (known as class certification) must prove that there are questions of law or fact that are common to the class the plaintiff is seeking to represent. That obligation is known as the 'commonality' requirement of any class action proceeding in the federal courts. It was central to the Supreme Court's June 2011 decision in Wal-Mart Stores, Inc. v Dukes et al, No., 10-277, in which the court had to decide whether one of the largest class action proceedings ever brought in the United States was entitled to class certification.
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
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