WidgetCo manufactures and sells electronic widgets nationwide. Recently, numerous customers reported that WidgetCo's latest model overheats, posing a safety risk. Two hundred customers, who live in various states, are considering filing a lawsuit in federal court alleging design defects and negligence. What is the most appropriate procedure for these customers to join their claims in a single lawsuit?
Petition the Judicial Panel on Multidistrict Litigation to combine their claims into a single action.
File individual lawsuits in their respective districts and then move for consolidation under FRCP 42.
File a class action lawsuit under Rule 23 of the Federal Rules of Civil Procedure.
Join their claims as co-plaintiffs under the permissive joinder rule, FRCP 20.
The correct answer is that the customers should seek to file a class action lawsuit under Rule 23 of the Federal Rules of Civil Procedure. For a large number of plaintiffs, such as two hundred, a class action is the most appropriate device. Rule 23 requires that the class be so numerous that joinder of all members is impracticable, which is satisfied here. While permissive joinder under Rule 20 allows multiple plaintiffs to join, it is not practicable for such a large and geographically dispersed group. Consolidation under Rule 42 applies to cases already pending before a court, and it is not a method for initiating a joined action. Multidistrict litigation (MDL) is a mechanism to coordinate pretrial proceedings for cases already filed in different federal districts, not a procedure for plaintiffs to file a single initial complaint.
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