Rule 23(a)(3) requires that the representative's claims be typical of the class. Challenges identify unique defenses, atypical transactions, or factual circumstances not shared by the class.
Unique defenses threatening to become the focus defeat typicality.
Alternative Names:
Typicality Objection|Rule 23(a)(3) Challenge
Why it Matters?
Unique defenses are the productive route, since a named plaintiff subject to an individual arbitration agreement, a limitations problem, or a release that other members do not face will devote litigation attention to defending against it rather than advancing class claims. Identifying that defense early also creates the option of resolving with the named plaintiff, which may require substitution and delay certification.
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Frequently asked questions
What is the productive route?
What option does identification create?
