Also known as: class action members · class-action member · class action member · class members · putative class members
Written by attorneys · grounded in primary & secondary sources — see below
Persons who fall within the definition of the proposed or certified class in a class action. These individuals hold interests that a court may bind through a single proceeding when the requirements of Rule 23 are met.
Corinne Cho and other servers sued their employer in a wage class action. Separate suits by individual servers could produce conflicting rulings on the same overtime policy. The court certified the class under Rule 23(b)(1) because those separate actions would force the employer to follow incompatible standards of conduct.
Corinne Cho and other servers sued their employer in a wage class action. After certification under Rule 23(b)(3) the court directed notice to all identified class members. Servers who received notice and did not opt out remained class members bound by any judgment or settlement.
Craig Caldwell sued a hospital on behalf of patients exposed to a defective device. The court certified a Rule 23(b)(2) class and described in the order all individuals who met the class definition. Those described individuals became class members whose rights the judgment could bind.
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Christine Castro and fellow patients filed a class action over a medical device. Several class members preferred to litigate their claims separately. The court weighed those interests when deciding whether a class action was superior under Rule 23(b)(3).
Cecilia Cabrera led a consumer class action against a manufacturer. Multiple class members had already filed individual suits in state court. The federal court examined the extent and nature of that existing litigation when assessing superiority under Rule 23(b)(3).
Cynthia Cortez led a class action over employment practices. Several class members had already filed individual suits in state court. The federal court examined the extent and nature of that existing litigation when assessing superiority under Rule 23(b)(3).
Class members are the persons, named or unnamed, who fall within the definition of the proposed or certified class. Courts describe them in the certification order for (b)(1) or (b)(2) classes and specify those who received notice and did not opt out for (b)(3) classes.
The court must consider the extent and nature of litigation already begun by or against class members. That factor helps determine whether a class action is superior to other methods for adjudicating the controversy.
A court weighs class members' interests in individually controlling the prosecution or defense of separate actions. Strong individual interests can show that a class action is not superior under Rule 23(b)(3).
Separate actions by individual class members may create a risk of inconsistent or varying adjudications that establish incompatible standards of conduct for the opposing party.