| 1957 - 854 էջ
...14. Fed. R. Crv. P. 23(b)(3): An action may be maintained as a class action under this subsection if "the court finds that the questions of law or fact...any questions affecting only individual members." 1980] CLASS DAMAGE ACTION 303 cross-claims, counterclaims, or affirmative defenses and asserting the... | |
| United States. Congress. House. Science and Astronautics - 1968 - 604 էջ
...the provisions of the revised Rule 23 (b) (c) (2) which stipulates that in any class action, "where the court finds that the questions of law or fact...over any questions affecting only individual members^ . . . the court shall direct to the members of the class the best practical notice under the circumstances,... | |
| United States. Congress. House. Interstate and Foreign Commerce - 1970 - 732 էջ
...final injunction relief with respect to the class as a whole or unless the Court finds that question of law or fact common to the members of the class...individual members and that a class action is superior to the other available methods for the adjudication of the controversy. Now, there is no assurance that... | |
| United States. Congress. Senate. Committee on Commerce - 1970 - 1670 էջ
...which provides for a class action where "the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby...declaratory relief with respect to the class as a whole." On the other hand, Judge Will held 23(b) (1), involving the need to meet a threat of inconsistent adjudications,... | |
| United States. Congress. Senate. Committee on Commerce. Consumer Subcommittee - 1970 - 330 էջ
...which provides for a class action where "the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby...declaratory relief with respect to the class as a whole." On the other hand, Judge Will held 23 (b) (1), involving the need to meet a threat of inconsistent... | |
| United States. Congress. Senate. Judiciary - 1970 - 524 էջ
...23(b)(2) authorizes a class action wherever "the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby...declaratory relief with respect to the class as a '"See. eg. People v. National Research Co., 201 Cal. App. 2d 765, 20 Cal. Rptr. 516 (1962). '"FED.... | |
| United States. Congress. Senate. Judiciary - 1970 - 528 էջ
...which can be brought are those in which the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby...injunctive relief or corresponding declaratory relief, and finally subdivision 3. the court finds that the questions of law or fact common to the members... | |
| Guam, John A. Bohn - 1970 - 528 էջ
...ability to protect their interest; or (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief with respect to the class as a whole; or (3) the court finds that the questions of law or fact common... | |
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