Rule 23(b)(3) requires superiority, assessed through factors including class members' interest in individual control, existing litigation, desirability of concentrating claims in the forum, and manageability difficulties.
Manageability is excluded from the analysis for settlement classes.
Alternative Names:
Superiority Requirement, Rule 23(b)(3) Superiority
Why it Matters?
Manageability is where superiority challenges concentrate in litigation classes, particularly where variations in state law would require the court to apply different substantive rules across subgroups. A nationwide class asserting state law claims faces a genuine problem, since the trial plan must explain how differing elements and defenses would be managed. The absence of a workable trial plan is a recurring basis for denial.
Frequently Confused with
Related terms
Frequently asked questions
What is the main superiority challenge?
Does manageability apply to settlement classes?
