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Class Action Lawsuits, Class Action Lawyers > Federal Rule of Civil Procedure 23 > Other Class Action Factors

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Fed. R. Civ. P. 23(b) provides that a class may be maintained  if the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The matters pertinent to these findings include: (A) the class members' interests in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already begun by or against class members; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and (D) the likely difficulties in managing a class action.

 

 

Last updated on May 8, 2012 by [Your Name Here]