My goal in discussing class actions is only for you to get the most rudimentary understanding of what they are about. Keep in mind that in a class action the fortunes of the representative party (usually a plaintiff) bind the rest of the members of the class, even though they have no control over the litigation. Due process requires that the representative party's interests overlap so well with those of the other members of the class that he will act as an effective proxy. The criteria in FRCP 23 are meant to ensure this.

1) Be familiar with the necessary requirements for all class actions under 23(a).

2) Consider the four types of class actions under 23(b). Your familiarity with necessary parties should allow you to understand 23(b)(1). Is a class action suit brought by all the people harmed in an airplane accident a 23(b)(1)(A) or 23(b)(1)(B) class action?

3) Consider the following case. All members who claim or might claim entitlement to unemployment insurance bring a class action against the state director of unemployment insurance. The action challenges the practice of terminating unemployment benefits without a hearing. The request is for injunctive relief. Is this a 23(b)(1)(A) or 23(b)(1)(B) class action?

4)  A patent owner sues infringers of his patent as a defendant class to determine the validity of his patent. Is this a 23(b)(1)(A) or 23(b)(1)(B) class action?

5)  23(b)(2) class actions are primarily for discrimination suits asking for injunctive relief. Why do 23(b)(1)(A), 23(b)(1)(B) and 23(b)(2) class actions not allow the members of the class to opt out?

6) What do 23(b)(3) class actions exists for? Why do they allow for members of the class to opt out?

7) Is it ever possible to certify a class in a product liability context? What about tobacco litigation? Is that an appropriate area for class actions?

8) Why must the court approve any settlement in a class action?