Where the individual class members can be identified, notice will typically be given by mail and/or email. ![]() ![]() Notice may be given in different ways, based on what is practical and best suited to be effective. For cases seeking damages, the notice also explains to class members how to exclude themselves form the class, if they prefer not to be included for any reason (for example, if they prefer to litigate on their own). The notice informs people that the case has been certified as a class action, states the class definition, and describes basic information about the nature of the case. If the court grants the motion for class certification, the plaintiff then gives notice to the class members. Smith will adequately protect the interests of the entire class.įor class actions in which the plaintiffs seek to recover money (“damages”), the motion must also show that the common issues in the case (#2 above) predominate over any individual issues, that moving forward as a class action is preferable to litigating individually, and that litigating the dispute as a class will be manageable.the claims of Smith are typical of the claims of the class as a whole and.the class members’ claims share common questions of law or fact.the number of individuals in the class that she defined is numerous and, in fact, so numerous that including everyone as plaintiffs would not be practicable.The motion for class certification should first state a definition of the class: for example, “all women who worked as employees of Jones Company from 2018–2020,” or “all purchasers of widgets from Jones.” Then, under Rule 23, Smith must show that: (Rules governing class actions in individual states vary, although many mimic Rule 23.) In that motion, Smith must show that the case meets the requirements set forth in Federal Rule of Civil Procedure 23. That process requires the plaintiff-let’s stick with Smith-to file a motion for class certification. In addition, the complaint in a class action typically includes allegations about how the claimed wrongdoing affected other individuals and how the case meets the requirements of the court rules (described below) that determine when a case can be brought as a class action.Ī case cannot proceed as a class action until the court “certifies” the class. In the complaint, the plaintiff makes allegations about the claimed wrongdoing and how it entitles her to a remedy from the court, just as a complaint in an individual action does. Jones Co., defendant,” but “ Jane Smith, on behalf of herself and all others similarly situated, plaintiff, v. The case name in a class action is not simply “ Jane Smith, plaintiff, v. In some cases, a class action is the only feasible way to pursue the claim, because the amount of each person’s damages is too low to make the cost of litigating worthwhile.Ī class action starts with the filing of a complaint-the document that the plaintiff files in court to start a civil case. Class actions are therefore an efficient way to resolve claims of wrongful conduct that harmed a large number of people-such as claims alleging discrimination or deceptive marketing, for example. If the court agrees to allow the case to proceed as a class action, the outcome of the case applies to all the class members. ![]() ![]() How Do Class Actions Advance Access to Justice?Ī class action lawsuit is a case brought by one or more individuals on behalf of a larger group of people who have the same claim.
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