Also known as: class certification · certify class · certified class · certifying a class · class cert
Written by attorneys · grounded in primary & secondary sources — see below
A judicial determination under Federal Rule of Civil Procedure 23 that a proposed group of plaintiffs satisfies the prerequisites of numerosity, commonality, typicality, and adequacy so that the action may proceed on behalf of the class.
Chloe Chen, a New York resident, sued an insurer in federal court on behalf of thousands of policyholders seeking interest on delayed payments. The insurer invoked a New York statute that barred class treatment for such claims. The district court applied Rule 23 instead and certified the class after finding the prerequisites met.
Curtis Cannon and other shareholders filed a securities suit alleging misleading statements by a public company. They moved for certification relying on a rebuttable presumption that class members relied on the integrity of the market price. The court granted certification after confirming the market was efficient and common questions predominated.
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Cecilia Cabrera challenged a state residency rule for divorce while her own claim remained live. By the time the case reached the Supreme Court her personal stake had ended. The Court held that certification of the class preserved a live controversy for the unnamed members.
Charlotte Chung proposed a nationwide settlement class of asbestos claimants. The district court certified the class for settlement purposes only. The Supreme Court reversed because the class failed predominance and adequacy requirements even though the parties had agreed to settle.
Connor Clark filed a federal class action while a related state suit was pending. The defendant sought a stay under abstention principles. The court refused the stay and proceeded to decide the certification motion, treating the federal class action as the primary forum.
Cameron Cruz sought to represent 1.5 million female employees alleging a pattern of discriminatory pay and promotion decisions. The Supreme Court reversed certification because the plaintiffs could not identify a single common question capable of classwide resolution.
Yes. An order granting or denying class certification may be altered or amended before final judgment under Rule 23(c)(1)(C).
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Plaintiffs must demonstrate numerosity, commonality, typicality, and adequacy of representation. The museum-membership essay question illustrates how variations in member experiences and conflicts can defeat typicality and adequacy even when numerosity and commonality are present.
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No. Rule 23 governs class certification in diversity actions and displaces conflicting state statutes under the Rules Enabling Act when the federal rule addresses procedure without abridging substantive rights.
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A settlement of a certified class or a class proposed for settlement may be approved only after the court conducts a fairness hearing and gives notice to class members under Rule 23(e).
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…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…