Class Action Litigation: Benefits and Challenges

II. Class Action litigation

In order to bring a class action litigation in this case there are some benefits and challenges of bringing this type of class action. The class action is “an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only” . The class action litigation should refer to Federal Rules of Civil Procedure Class Action and to the Class Action Fairness Act . Based on the rule 23 there are some preconditions for class actions. In the concrete case seems that all of them are met such: (1) the class is so numerous that joinder of all members is impracticable (actions affecting the a wide range of people, including students but also parents who pay for the education of children);

BETTY DUKES ET AL” . The case was qualified for hearing by the supreme court, was evaluated regarding the main requirements for class actions such: numerosity, typicality, and adequacy of representation. However the final decision of 5 to 4 votes in the favor of Walmart was decided that this class cannot be certified as a class action with the main reason that the plaintiff class “commonality” requirement was not in compliance with the Rule 23’s. In terms of “communality” probably students across the country would not have the same approach to proceed with this class action litigation. In the Walmart case explaining the commonality inquiry broadly, the Court wrote, “what matters to class certification . . . is not the raising of common questions—even in droves—but rather the capacity of a classwide proceeding to generate common answers apt to drive the resolution of the litigation”. So, in the concrete case, students due to the lack of proper information might face the same problem in terms of articulating a common attitude toward resolution of litigation. Therefore, even in the concrete case, certifying this class action probably might be unsecure especially considering that previous precedents made extremely difficult the procedures on how a class action could be