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Number of Plaintiffs Affects Class Certification
At 377: "A class will be deemed sufficiently definite if it is administratively feasible to determine whether a given individual is a member of the class." Id.: Numerosity is generally satisfied by more than 40 members, generally not satisfied by less than 21, in between it depends on other factors.
Certification under Rule 23(b)(2) when the plaintiffs seek damages is appropriate only when the damages are "incidental"--i.e., they "flow directly from liability to the class as a whole on the claims forming the basis of the injunctive or declaratory relief." Recovery of these damages should be "concomitant with, not merely consequential to, the injunctive or declaratory relief," and should be computable "by means of objective standards and not dependent in any significant way on the intangible, subjective differences of each class member's circumstances." (383) See: Israel v. Avis Rent-a-Car Systems, Inc., 185 F.R.D. 372 (S.D.Fla. 1999).
Certification under Rule 23(b)(2) when the plaintiffs seek damages is appropriate only when the damages are "incidental"--i.e., they "flow directly from liability to the class as a whole on the claims forming the basis of the injunctive or declaratory relief." Recovery of these damages should be "concomitant with, not merely consequential to, the injunctive or declaratory relief," and should be computable "by means of objective standards and not dependent in any significant way on the intangible, subjective differences of each class member's circumstances." (383) See: Israel v. Avis Rent-a-Car Systems, Inc., 185 F.R.D. 372 (S.D.Fla. 1999).
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Related legal case
Israel v. Avis Rent-a-Car Systems, Inc.
| Year | 1999 |
|---|---|
| Cite | 185 F.R.D. 372 (S.D.Fla. 1999) |
| Level | District Court |
| Injunction Status | N/A |