Question

Representative files a class action against Manufacturer in federal court under the federal Class

Action Fairness Act, alleging that Manufacturer's Products have a design defect. For the court
to certify the class, which of the following does Representative NOT need to show:
a-That no member of the class is from the same state as Manufacturer
b-That the class is so numerous that joinder of all members is impracticable
c-That there are questions of law or fact common to the class
d-That the claims or defenses of the representative parties are typical of the claims or
defenses of the class

Answer 1

The Representative does not need to show that no member of the class is from the same state as the Manufacturer for the court to certify the class.

Step-by-step explanation:

The Representative filing a class action against the Manufacturer in federal court under the federal Class Action Fairness Act does NOT need to show that no member of the class is from the same state as the Manufacturer.

The Class Action Fairness Act allows class actions to be brought in federal court when there is diversity of citizenship, meaning that the plaintiffs are from different states than the defendant. However, it is not necessary for the Representative to show that no member of the class is from the same state as the Manufacturer in order for the court to certify the class.

Instead, the Representative needs to show that the class is so numerous that joinder of all members is impracticable, that there are questions of law or fact common to the class, and that the claims or defenses of the representative parties are typical of the claims or defenses of the class.