Chapter § 5.01 Introduction

• Jurisdiction: United States
• Publication year: 2020

§ 5.01 Introduction

The word “management” in the class action context is at least a triple entendre. First, it could refer to the judicial role as manager at each stage of a class action. The court must decide whether a proposed class representative meets the prerequisites and other requirements to maintain a class action; whether to certify a lawsuit as a class action; how to define the putative class; who to appoint as class counsel; the method for notifying absent class members; whether to approve a class settlement; and many other matters that affect the conduct of the proceeding.

Management could also denote the manageability of a proposed class action—i.e., whether a court can fairly and efficiently conduct a trial in an action or if its magnitude and complexity prevent a fair adjudication. A court will reject class treatment if it finds sufficient evidence of unmanageability. As discussed further below, the concept of manageability is incorporated in the predominance class action requirement, which requires the existence of common issues of fact and law that predominate over individual issues. Manageability can also be a consideration in...