Also known as: class action suit · class-action suits · class action suits · class action · class suit
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device permitting one or more representative plaintiffs to litigate claims on behalf of a larger group of similarly situated persons. Certification requires satisfaction of Rule 23(a) prerequisites together with one of the Rule 23(b) categories. The resulting judgment binds all class members who have not opted out.
Cassandra Cooper and other policyholders sue Cardinal Insurance in federal court alleging improper denial of hurricane claims. Separate suits would risk conflicting rulings on whether the insurer must adjust all similar policies the same way. The court certifies the class under Rule 23(b)(1)(A) to avoid incompatible standards of conduct for the company.
Christopher Collins brings a diversity action in federal court on behalf of New York credit-card holders seeking statutory interest. A state statute would bar class treatment for those claims. The court applies Rule 23 to certify the class because the federal rule governs procedure and does not alter substantive rights.
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Cody Callahan and neighboring landowners sue Copperfield Mining for dust and noise that interferes with use of their properties. The complaint proceeds as a class action under the Restatement provision allowing a member of the affected class to represent the public interest in abating the nuisance.
Corinne Cho files suit against Crown Pharmaceuticals on behalf of patients who received a recalled drug. Common questions about the drug's defect and the company's warnings predominate over individual issues of causation and damages. The court certifies the class under Rule 23(b)(3) because the class mechanism is superior for resolving the controversy efficiently.
Inmates at a state correctional facility bring a class action alleging systemic Eighth Amendment violations in disciplinary practices. The court allows the suit to proceed on behalf of the entire inmate population because the challenged policies affect the class uniformly.
Cynthia Cortez serves as class representative in a successful civil-rights suit against a state agency. After judgment, her counsel petitions for fees under the prevailing-party statute. The court awards reasonable fees calculated under the lodestar method for work performed on behalf of the class.
A court may decline when the state claims substantially predominate over any federal claim in scope, proof, or number of issues. Predominance is measured by the practical focus of the litigation rather than formal pleading labels.
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Yes. Rule 23 controls because it regulates procedure and does not abridge or modify substantive rights under the Rules Enabling Act.
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Every properly joined and served defendant must join in or unambiguously consent to removal on the federal record within the removal period. A statement by one defendant that another does not oppose removal is insufficient.
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Yes. Once the class is certified, the action may proceed even if the representative's personal claim is resolved, provided an adequate representative remains.
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…follow if Dr. Hallford's intervention were on behalf of a class. His complaint in intervention does not purport to assert a class suit and makes no reference to any class apart from an allegation that he "and others similarly situated" must necessarily guess at the meaning of Art. 1196. His application for leave to…