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Connecticut Embraces Federal Class Action Model
On June 22, 2009, the Connecticut Superior Court judges, at their Annual Meeting, approved the recommendation of the Connecticut Superior Court Rules Committee to substantially revamp the Practice Book rules for class actions to align them more closely with Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”). The new rules went into effect on January 1, 2010, replacing the regime that has been in effect in Connecticut since 1975. This article walks through the numerous changes and discusses the rationale behind the shift, the remaining differences between Connecticut’s new rules and the federal rules, and some implications for Connecticut state court class action practitioners.
I. The Old Rules
Connecticut’s previous rules, currently codified as Practice Book Sections 9–7 and through 9–10, were enacted in 1975.1 Section 9–7 provides that,
One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
This language is virtually identical to Rule 23(a),2 and sets forth the four requirements applicable to all class actions, known in practice as numerosity (of members), commonality (of issues), typicality (of claims), and adequacy (of representation). Connecticut’s state courts have considered these factors over the years, and federal courts have developed a robust jurisprudence interpreting and applying these rules.
