On the one hand, if the principle that Grace and Nevin noted is general, then the preferences of the pigeons should generally reflect some influence of
numerosity and the multiple reinforcers associated with a constant-duration terminal link, but without regard to the reduction in initial delay and even though the multiple reinforcers are probabilistic.
(53) Under the federal rule, the class must meet the commonality, typicality,
numerosity, and predominance requirements of Rule 23(a) and one of the requirements of Rule 23(b).
(149.) Some defendants have argued that a class is too broad to meet the commonality requirement but that, once the class is defined narrowly enough to possess common questions, it then fails the
numerosity requirement.
The
numerosity requirement of Rule 23(a)(1) should not present an impediment to certification in mold cases that involve dozens or even hundreds of affected consumers.
But the Supreme Court was surely correct when it noted that Congress could have made the
numerosity requirement jurisdictional.
Recently, however, some courts have given the
numerosity element real teeth--not just in cases where the class truly was too small, but in cases where, despite a reasonable assumption that the class was large, plaintiffs were faulted for not putting forward sufficient evidence to establish the actual class size.
In the early 80s, it was the common view among developmental psychologists that young children use only the length dimension in
numerosity judgments of large arrays of objects.
A class may only be certified if the purported class members are "so numerous that joinder of all members is impracticable." (26) Although there is no one fixed test for determining whether the "
numerosity" requirement has been met, courts will typically examine the sheer number of members included in the class as well as other factors such as: the geographic dispersion of class members; the ease of identifying and locating class members; and the claimants' ability to institute individual suits.
The paper, "Symbolic representation of
numerosity by honeybees (Apis mellifera): Matching characters to small quantities" with co-authors Aurore Avargues-Weber (University of Toulouse), Jair Garcia (School of Media and Communication, RMIT) and Professor Andrew Greentree (ARC Centre of Excellence for Nanoscale Biophotonics, RMIT), is published in Proceedings of the Royal Society B.
class action requirements such as
numerosity, commonality, typicality,
could adopt an abbreviated test, highlighting
numerosity as a proxy for
Only the first class met the necessary criteria of
numerosity, commonality, typicality and adequacy, Casper found.
The Eastern District found Plaintiffs met the
numerosity requirement under Rule 23(a)(1) because the Pipeline spanned 650 miles, making joinder of all Plaintiffs impracticable.
Ndung'u says the intended 'class action suit' will succeed as the ingredients of commonality, adequacy,
numerosity, and typicality exist.