Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)

Citation: Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Parent Document: Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Jurisdiction: United States (federal)
Effective Date: 2003-11-19
Original Source: https://www.courtlistener.com/opinion/784254/ernest-brown-v-philadelphia-hous... ↗

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Rule 23 prescribes its own prerequisites to a class action certification: "(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class." Fed.R.Civ.P. 23(a). These prerequisites must be satisfied, and in addition other findings are required by the district court pertaining to whether questions of law or fact common to the members of the class predominate over questions affecting only individual members and whether a class action is superior to other available methods. See Fed.R.Civ.P. 23(b)(3). Additional required findings include the interest of members of the class in individually controlling the prosecution or defense of separate actions; the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and the difficulties likely to be encountered in the management of a class action. See id.

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