Rule 23(c)(5) permits a class to be divided into subclasses, each treated as a class with its own representative and counsel. Subclasses address intra-class conflicts, differing state law, or varying injury categories.
Each subclass must independently satisfy the Rule 23 requirements.
Alternative Names:
Subclasses, Class Subdivision
Why it Matters?
Subclassing is the plaintiff's response to an adequacy or predominance challenge, allowing conflicting groups to be separated rather than defeating certification entirely. The requirement that each subclass independently satisfy Rule 23 is what limits the device, since dividing a class into subclasses too small to satisfy numerosity accomplishes nothing. Amchem and Ortiz established that inadequate subclassing cannot cure fundamental structural conflicts.
Frequently Confused with
Related terms
Frequently asked questions
When are subclasses used?
Must each subclass satisfy Rule 23?
