US-CN Companies & Securities Law Assignment

Requirements of Class Action by Federal Rule of Civil Procedure 23 The standard of proof governing class action described by the Second Circuit: (1) A district judge may certify a class only after making determinations that each of the Rule 23 requirements has been met; (2) Such determinations can be made only if the judge resolves factual disputes relevant to each Rule 23 requirement and finds that whatever underlying facts are relevant to a particular Rule 23 requirement have been established and is persuaded to rule, based on the relevant facts and the applicable legal standard, that the requirement is met; (3) The obligation to make such determinations is not lessened by overlap between a Rule 23 requirement and a merits issue, even a merits issue that is identical with a Rule 23 requirement; (4) In making such determinations, a district judge should not assess any aspect of the merits unrelated to a Rule 23 requirement The prerequisites of numerosity, commonality, typ...