Also known as: class-action suit · class action suit · class action suits · class actions · class action · class-action lawsuit
Written by attorneys — see sources below.
A procedural mechanism allowing one or more representatives to litigate claims on behalf of a larger group of similarly situated persons when common questions predominate and other certification requirements are met.
Canyon Construction faces separate suits from dozens of homeowners over identical foundation defects in a subdivision. Camila Cervantes sues as representative. The court certifies the class under Rule 23(b)(1) because separate judgments could impose conflicting repair standards on the builder.
Cobalt Energy investors in New York sue for interest on delayed payments. A state statute bars class treatment for such claims. The federal court applies Rule 23 instead and certifies the class because the federal rule governs procedure and does not alter substantive rights.
Cascade Manufacturing's plant emits odors affecting an entire neighborhood. Christopher Collins sues on behalf of all residents under the Restatement provision allowing class standing for public nuisance claims even without individual property damage.
Crystal Dynamics sells a game with a recurring billing flaw. Craig Caldwell brings a Rule 23(b)(3) action for thousands of purchasers. The court certifies because common questions about the billing code outweigh individual damages calculations and a class suit is the most efficient way to resolve the claims.
The plaintiff must demonstrate that common questions of law or fact predominate over individual issues and that a class action is superior to other methods for adjudicating the controversy.
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No. Federal Rule of Civil Procedure 23 governs class certification in federal court even when a conflicting state statute would bar the class action.
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Certification is appropriate when separate individual suits would create a risk of inconsistent adjudications that establish incompatible standards of conduct for the opposing party.
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