Class Certification Based on Merits of the Claims

Abstract

The class suit, if properly defined and implemented, continues to have great social and legal utility. For example, its use ofthe injunctive remedy in the field of civil rights is hardly disputable. The class suit is also a useful remedy for situations in which there are many claimants to a limited fund. However, difficulties have arisen in "(b)(3)" class suits-suits in which the claims are entirely, or primarily, for money but do not involve a limited fund. l Familiar examples include the attempted asbestos personal injury class suits, claims based on misrepresentation in the securities markets, suits alleging improper financial practices by financial institutions such as banks and insurance companies, and other "consumer" claims. Many consumer claims class suits arise from what can be described generically as ''private toll booth" cases, in which an operator has positioned itself to realize illegal profit in hundreds or thousands of transactions witp customers. Some employment discrimination cases are also claims for money, although in manyemployment cases an injunctive remedy is also sought.