Without controls, food tests may not be measuring numerosity
A small class with a low opt-in rate might fail the numerosity
requirement of Rule 23(a)(1) or call into question the superiority of class treatment under Rule 23(b)(3), thus leaving class members no alternative but to sue individually, and these hurdles might discourage the use of an opt-in class mechanism in other contexts.
The Ninth Circuit has construed Section 1332(d)(1)(B) to mean that a statute or rule is "similar" to Rule 23 only if it provides the same kinds of substantive protections--such as numerosity
, commonality, and typicality.
Rule 23(b)(2) allows a court to certify a class if Rule 23(a)'s general requirements of numerosity
, commonality, typicality, and adequacy of representation are satisfied, (257) and the defendant has acted or refused to act "on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.
For example, the Rule requires commonality, typicality, and adequate representation in addition to mere numerosity
, (156) provides for notice and the opportunity to opt out, (157) and requires judicial approval of settlements.
Every case must meet the numerosity
requirement set forth in Rule 23(a)(1) to be certified as a class action.
Potential for Peer Pressure and Problems of Numerosity
37) To qualify as a class, the plaintiffs must meet the four requirements of Rule 23(a), colloquially referred to as numerosity
, commonality, typicality, and adequacy of representation.
66) Rather than grappling with an open-ended panoply of transaction costs, they identify one particular friction as especially significant: on my reading of their work, it seems that the numerosity
of participants is the key variable in determining the scale of transaction costs.
10) The government is also free from the requirements of Federal Rule of Civil Procedure 23, so it can pursue systemic discrimination claims without needing to satisfy the typical class action requirements of commonality, typicality, numerosity
, and adequacy of representation.
Previous studies have hinted that some nerve-cell clusters in this area are also involved in numerosity
, the mathematical equivalent of literacy.
While it a well known fact that human brain has topographical maps for the primary senses, such as sight, hearing and touch, for the first time a map for numerosity
, or number sense has been discovered, according to Live Science.