Perspective
Mar. 23, 2011
Wheelchair Access: Courts Struggle With Prerequisite for Class Actions
Class actions filed on behalf of people in wheelchairs have a lot of money riding on certification issues. By David Faustman and Namal Munaweera of Fox Rothschild LLP.
Section 382 of the California Code of Civil Procedure provides that class actions may be brought "when the question is one of common or general interest of many persons...and it is impracticable to bring them all before the court." In 1948, in a dispute over Rose Bowl ticket sales, the state Supreme Court interpreted Section 382, and found that the burden is on the party seeking class certification to establish two ...
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