Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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CHAPTER 90
CLASS ACTION PRINCIPLES
IN COMMERCIAL LITIGATION
INVOLVING CORPORATIONS
Section
§ 90.01 Introduction
§ 90.02 Requirements for a Class Action Suit
§ 90.01 Introduction
Class actions are brought when a large number of people have similar
claims against the same defendant. Generally, one person brings a
lawsuit that is representative of other similarly situated plaintiffs. The
representative must fairly represent the class members. In some ways
class actions are similar to derivative actions wherein a shareholder sues
to acquire a benefit on behalf of a corporation and other shareholders.
The rules applicable to class actions, however, differ from those for
derivative actions and are more restrictive.
§ 90.02 Requirements for a Class Action Suit
Class actions must comply with Federal Rules of Civil Procedure 23.1
Class actions may be brought only if: (1) the class is so numerous that
joinder of everyone would be impracticable; (2) questions of law and fact
are common to all in the class; (3) the class representatives’ claims and
defenses are typical of the class; and (4) "the representative parties will
fairly and adequately protect the interests of the class."2
There is no minimum number of parties that must exist for the
formation of a class. The rule simply requires the moving party to show
that it would be impracticable not to bring suit as a class action.3 The
requirement that there be common issues of fact and law does not mean
that most of the case must contain common issues, only that some
common issues exist.4 Class representatives are typically required to be
class members, and they must be able to fairly represent all absent class
members.5
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis