Predominance is difficult to meet in mass tort cases, where individual concerns may supersede common questions. Superiority requires that the class action device be superior to other available means of fairly and efficiently adjudicating the controversy. Where a class action seeks to include plaintiffs with factually or legally different claims, the superiority requirement ordinarily cannot be met. Mandatory class actions are limited to cases that do not involve claims that are wholly or predominantly for money damages. In re Bendectin Prod.
Most courts require an evidentiary hearing regarding the financial assets of the defendant.
Notice and the opportunity to be heard are essential elements of due process in class actions. The notice must fairly apprise class members of their right to exclude themselves. Trust Co. Courts have also held that the class must also be provided with notice of the proposed attorneys' fees. Notice must be directed to all class members identified through reasonable effort, regardless of the size of the class, cost, or inconvenience. For unidentified class members, publication may provide sufficient notice.