Rule 23(b)(3) requires that a class action be superior to other methods. Factors include class member interest in individual control, existing litigation, forum desirability, and manageability difficulties.
Manageability is the most litigated factor.
Alternative Names:
Superiority Objection|Rule 23(b)(3) Superiority
Why it Matters?
Manageability arguments are strongest where individualized proof would require thousands of mini-trials or where choice of law issues require applying many states' differing laws, and presenting an affirmative trial plan showing what class trial would actually require is more persuasive than asserting unmanageability. Disproportionate aggregate statutory damages also support superiority challenges where the award would be annihilating.
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Frequently asked questions
When are manageability arguments strongest?
What presentation is persuasive?
