Consumer Class Actions: 6. Commonality/Typicality—Section 801(2)
The Illinois statute does not have the typicality requirement of Fed. R. Civ. P. 23(a)(3); however, Illinois law mirrors Fed. R. Civ. P. 23(b)(3) (and 23(a)(2)) with respect to commonality. There must be common elements of law or fact. In a class action, it is appropriate to litigate questions of law and fact common to all members of a class and, after determination of common questions, to determine in an ancillary proceeding questions that may be peculiar to individual class members. McCabe v. Burgess, 57 Ill. App. 3d 450, 373 N.E.2d 327 (4th Dist. 1978).