Re:Let Consumers Sue Companies
by afpx on Tuesday August 22, 2017 @01:20PM
(#15074478)
How does that work, then? If I sue a company and then N other people separately sue the company for the same reason, then the courts turn it into a class-action? That doesn't seem just. The parent's perspective seems to make more logical sense. That is, the only reason why I'd want to participate in a class-action was if the damages were so low that it wouldn't be worth the effort to sue separately. If I had high damages, I'd be upset if someone transformed my case into a class action.
[ Parent
| on HN ]
"How does that work, then? If I sue a company and then N other people separately sue the company for the same reason, then the courts turn it into a class-action? That doesn't seem just. "
Yes.
Second, just in in what sense? If the questions affecting everyone are the same, there's no point in having 5 trials about it.
"(b) Types of Class Actions. A class action may be maintained if Rule 23(a) is satisfied and if: .. (3) the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. "