The test for federal class action lawsuit includes 4 prongs, all of which must be satisfied: numerosity, commonality, typicality, and adequacy. [1]
I would think (as a former lawyer with only passing familiarity with class actions) that 'typicality' would be the key question.
> to determine typicality the courts consider to what extent plaintiffs’ claims are markedly different or are generally the same (for instance arising from the same event or pattern) as those of other class members with respect to the relevant legal theory and factual circumstances of the case. [1]
The defendant would probably claim that each plaintiff's issues are quite unique. However, this prong is apparently not based on the typicality of the specific facts giving rise to the lawsuit, but rather the typicality of the nature of the claim or defense. And it's apparently hard to 'win' (defeat a class action) via this prong. [2]
The test for federal class action lawsuit includes 4 prongs, all of which must be satisfied: numerosity, commonality, typicality, and adequacy. [1]
I would think (as a former lawyer with only passing familiarity with class actions) that 'typicality' would be the key question.
> to determine typicality the courts consider to what extent plaintiffs’ claims are markedly different or are generally the same (for instance arising from the same event or pattern) as those of other class members with respect to the relevant legal theory and factual circumstances of the case. [1]
The defendant would probably claim that each plaintiff's issues are quite unique. However, this prong is apparently not based on the typicality of the specific facts giving rise to the lawsuit, but rather the typicality of the nature of the claim or defense. And it's apparently hard to 'win' (defeat a class action) via this prong. [2]
1: https://www.bonalaw.com/insights/legal-resources/what-are-th...
2: https://california-business-lawyer-corporate-lawyer.com/clas...