Also known as: grade · class · protected grade or class
Written by attorneys · grounded in primary & secondary sources — see below
A category of persons or items grouped together based on shared characteristics or status for legal purposes such as determining rights or liabilities.
Glenn Gross and 200 other investors file a proposed class action against Global Dynamics for misleading disclosures. The court examines whether members of the same grade or class have strong interests in individually controlling separate actions before certifying under Rule 23(b)(3). Because many class members prefer to litigate on their own, the court denies certification.
Gino Giordano conveys land to his daughter Greta Goldstein and her husband in a state recognizing fee tail. The deed creates the estate in favor of the couple and the designated class of their issue. The conveyance satisfies the requirements for an estate tail held in joint tenancy.
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Giana Greco drives negligently near a school zone. Her conduct is negligent with respect to a class of persons that includes young pedestrians such as Gregory Gates. When Gregory is injured, the court holds Giana liable because the duty extends to that class.
Gina Griffin leads a diversity class action in federal court seeking interest recovery on loans. A New York statute would block class status, but the court applies Rule 23 to decide certification. The federal rule controls because it governs procedure without altering substantive rights.
Greenleaf Farms employees commit two separate misdemeanors of the same grade during a single transaction. At common law the offenses do not merge. Each crime of the same grade or class independently supports its own conviction.
Gable Construction adopts articles that authorize two classes of shares. The articles must set forth each class or series and describe the preferences, rights, and limitations before any shares issue. The board later creates a new series within one class under the required designations.
Claimants who are members of the same grade or class as striking workers at the same establishment are typically disqualified from benefits even if they are not participating in the dispute. Courts usually interpret the term narrowly rather than treating every employee at the plant as part of one class.
Supporting sources
Rule 23 governs class certification in diversity cases when the federal rule addresses procedure and does not abridge substantive rights under the Rules Enabling Act. A state statute denying class status for certain claims yields to the federal rule.
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The articles must list each class or series, state the number of shares authorized, and provide a distinguishing designation together with the preferences, rights, and limitations of each class or series before issuance.
Supporting sources
…the filing of affidavits, motions were made for dismissal and for summary judgment. The court held that Roe and members of her class, and Dr. Hallford, had standing to sue and presented justiciable controversies, but that the Does had failed to allege facts sufficient to state a present controversy and did not have…