Also known as: class suits · class-suit · class action
Written by attorneys · grounded in primary & secondary sources — see below
A civil action brought by one or more representative plaintiffs on behalf of a larger group of persons who share common questions of law or fact. The representatives must satisfy the prerequisites of typicality and adequate representation while meeting one of the maintainability conditions that justify binding absent class members to the judgment.
Claire Campbell and other homeowners sue a developer for identical construction defects in a subdivision. Separate suits would risk conflicting rulings on the same warranty obligations. The court certifies the case as a class suit under the rule allowing collective resolution to avoid incompatible standards for the developer.
Cassandra Cooper brings a diversity suit in federal court seeking interest on late payments under New York law that bars class treatment. The court applies the federal class certification standard rather than the state prohibition. The action proceeds as a class suit because the federal rule governs procedure without altering substantive rights.
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Chloe Chen sues a factory on behalf of nearby residents for interference with use of their land. The complaint alleges the emissions affect the entire neighborhood identically. The court permits the case to proceed as a class suit because the representative meets the standing requirements for collective public-nuisance claims.
Christopher Collins files suit against an employer for unpaid overtime on behalf of all hourly workers at multiple sites. Common proof of the pay policy outweighs individual damages calculations. The court certifies the case as a class suit after determining that collective adjudication is superior to thousands of separate actions.
Cody Callahan and other property owners challenge a prior judgment enforcing a racial covenant they never signed. The earlier suit had been treated as binding on all owners in the neighborhood. The court refuses to treat the prior proceeding as a class suit that can preclude their challenge.
Caleb Chang, a physician, seeks to intervene in a challenge to state abortion restrictions. The complaint references similarly situated doctors and patients but does not assert a class suit. The court treats the case as an individual action because no class allegations were properly pleaded.
The plaintiff must first satisfy the four prerequisites in Rule 23(a). The action must then fit one of the three categories in Rule 23(b), such as a risk of inconsistent adjudications or predominance of common questions.
No. Federal Rule of Civil Procedure 23 governs class certification in federal court even when a conflicting state rule would deny class status. The rule is valid under the Rules Enabling Act because it regulates procedure without modifying substantive rights.
Rule 23(c)(4) permits certification with respect to particular issues when doing so would materially advance the litigation. The court may limit the class action to those issues while leaving remaining questions for individual proceedings.
In Rule 23(b)(3) actions, notice must be given so that class members may opt out. The form and cost of notice are subject to court supervision, and the judgment description must clearly identify who is bound.
…follow if Dr. Hallford's intervention were on behalf of a class. His complaint in intervention does not purport to assert a class suit and makes no reference to any class apart from an allegation that he "and others similarly situated" must necessarily guess at the meaning of Art. 1196. His application for leave to…