Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies' Appropriations for 1974: The Judiciary. Department of Justice

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Page 57 - ... questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.
Page 57 - ... (d) Orders in conduct of actions. In the conduct of actions to which this rule applies, the court may make appropriate orders: (1) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given In such manner as the court may direct to some or all of the members of any step in...
Page 58 - ... that the plaintiff was a shareholder at the time of the transaction of which he complains, or that his share had devolved on him since by operation of law...
Page 57 - As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subdivision may be conditional, and may be altered or amended before the decision on the merits.
Page 56 - One or more members of a class may sue or be sued as representative parties on behalf of all only if (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...
Page 58 - If the right sought to be enforced is one defined in paragraph (1) of subdivision (a) of this rule notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.
Page 56 - ... (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.
Page 58 - In an action brought to enforce a secondary right on the part of one or more shareholders In an association, incorporated or unincorporated, because the association refuses to enforce rights which may properly be asserted by It...
Page 58 - The complaint shall also allege with particularity the efforts, if any, made by the plaintiff to obtain the action he desires from the director or comparable authority and, if necessary, from the shareholders or members, and the reasons for his failure to obtain the action or for not making the effort.
Page 58 - ... the representative parties will fairly and adequately protect the interests of the association and its members.