Boston College Law Review Volume 10 Issue 3 A Symposium Federal Rule 23 - The Class Article 6 Action 4-1-1969 Prerequisities to a Class Action Under New Rule 23 Charles Donelan Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Civil Procedure Commons Recommended Citation Charles Donelan, Prerequisities to a Class Action Under New Rule 23, 10 B.C.L. Rev. 527 (1969), http://lawdigitalcommons.bc.edu/ bclr/vol10/iss3/6 This Symposium is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. PREREQUISITES TO A CLASS ACTION UNDER NEW RULE 23 CHARLES DONELAN* The author analyzes the four very specific prerequisites im- posed by new Rule 23 upon the would-be class action repre- sentative: that the representative first demonstrate that the class members are so numerous as to make their joinder im- practicable; that he establish the presence of common ques- tions of law or fact; that he have an interest of sufficient affinity with that of the rest of the class; and, finally, that the representative have the capacity to protect adequately the interests of the entire class. The author concludes that these prerequisites, shaped by considerations of practicability and due process, will more than adequately safeguard the rights of absent class members so long as they are conscien- tiously administered.