The path to class certification is bumpy, yet recent federal and state appellate court rulings suggest a narrowing of permissible class actions. This nuanced direction will be further tested in some upcoming appeals of class action certification rulings.
As a refresher, a class may be certified only if it meets the four prerequisites found in Federal Rule of Civil Procedure Rule 23(a)—numerosity, commonality, typicality and adequacy of representation—and the two additional requirements in Rule 23(b)(3)—predominance and superiority. New Jersey Court Rule 4:32-1 is nearly identical to federal Rule 23.
