I was reading up on Wal-Mart v. Dukes (details here: http://www.scotusblog.com/case-files...-mart-v-dukes/).
Opinion of the Supreme Court here: http://www.supremecourt.gov/opinions/10pdf/10-277.pdf
FRCP 23 does list a specific maximum number of class members. It does, however, spell out that putting multiple plaintiffs into one class will save redundancy AND that having each member of a potential class bring a separate action would wreak havoc on the courts because of redundancy/slight variations in filing AND the sheer volume from ~1.5 million individual plaintiffs.
Supreme Court ruled that the class (female employees former and present) did not have enough in common to be part of the same class.
Question 1: Is there an expected percentage of class members to withdraw from a class action? So if there were as many as ~1.5 million female employees at Wal-Mart for a given timeframe, is it expected that most will drop out leaving a far more manageable class size?
Question 2: Does it matter if there's 100 or 1,000 or 1,000,000 class members if the nature of the complaint for the class as a whole is basically the same (sex discrimination)?
Question 3: Being that Supreme Court Ruled that the plaintiff class did not have enough in common, does that mean the potential ~1.5 million plaintiffs will have to be broken apart into groups with a more-specific allegation? (e.g., one class of those who were not promoted, another class of those who were demoted, yet another of those who were reprimanded harsher than their male co-workers, etc.)