Federal Courts Rules

Marginal note:Grounds that may not be relied on

299.2 A judge shall not refuse to certify an action as a class action solely on one or more of the following grounds:

• (a) the relief claimed includes a claim for damages that would require an individual assessment after a determination of the common questions of law or fact;

• (b) the relief claimed relates to separate contracts involving different class members;

• (c) different remedies are sought for different class members;

• (d) the number of class members or the identity of each class member is not known; or

• (e) the class includes a subclass whose members have claims that raise common questions of law or fact not shared by all class members.