Also known as: class certifications · class-certification · class action certification
Written by attorneys · grounded in primary & secondary sources — see below
A court order approving the treatment of a civil action as a class action. The order is issued after the court determines that the proposed class satisfies the prerequisites of numerosity, commonality, typicality, and adequacy under Federal Rule of Civil Procedure 23 and fits within one of the categories in Rule 23(b).
Chloe Chen, an independent pharmacy owner, filed a diversity action in federal court against a drug manufacturer seeking only statutory interest on late rebate payments. A state statute barred class actions for such interest claims. The court applied Rule 23 to decide certification and disregarded the state prohibition because the federal rule controlled the procedural question.
Craig Caldwell and other female employees sued their retail employer alleging that local managers' discretionary pay and promotion decisions produced a pattern of sex discrimination. The court denied certification because the plaintiffs could not show a common question of law or fact that could be resolved for the class as a whole.
Select any source to read its text and confirm it supports the definition.
Corinne Cho filed a class action challenging a state durational residency requirement for divorce. By the time the case reached the Supreme Court her individual claim had become moot, yet the Court held that the class action could proceed because certification had already occurred and the class retained a live controversy.
Cassandra Cooper purchased stock after the company issued statements denying merger talks. When talks later surfaced and the stock price dropped, she sought class certification. The court applied the fraud-on-the-market presumption to find that reliance was common to the class, supporting certification.
Cecilia Cabrera alleged that telecommunications carriers conspired to allocate markets and avoid competition. The complaint contained only parallel conduct and no facts showing an agreement. The court denied class certification because the pleading failed to state a plausible claim that could be litigated on a classwide basis.
Curtis Cannon and other older employees challenged workforce reductions that disproportionately affected workers over forty. The employer raised the reasonable-factor-other-than-age defense. The court addressed class certification only after confirming that the defense required individualized proof that could defeat predominance.
Yes. A valid Federal Rule of Civil Procedure that directly addresses class certification governs in federal court even if a conflicting state statute would produce a different result. The Rules Enabling Act inquiry focuses on whether the federal rule regulates procedure without altering substantive rights.
Supporting sources
The plaintiff must demonstrate that there is at least one question of law or fact common to the class that is capable of classwide resolution. Discretionary decisions by individual supervisors do not automatically create commonality when the reasons for each decision may differ.
Supporting sources
Yes, provided the class has already been certified. Once certification occurs the class acquires an independent legal status that keeps the case alive even if the representative's personal stake ends.
Supporting sources
A court may alter or amend an order granting or denying class certification at any time before final judgment. The order is therefore tentative and does not bind the court or the parties on the merits.
Supporting sources
…certainty, to become a merger agreement in principle." The United States Court of Appeals for the Sixth Circuit affirmed the class certification, but reversed the District Court's summary judgment, and remanded the case. 786 F. 2d 741 (1986). The court reasoned that while petitioners were under no general duty to disclose their…