Class Action Litigation FAQs

1. What is a Class Action?

A class action is a suit brought by individuals on behalf of a large group of people with the same basic claims.

A class action is a lawsuit where one or more persons are named plaintiffs in a complaint, but the lawsuit is litigated for not only the named plaintiffs, but the entire class of individuals who have similar claims against the defendants. The named plaintiffs are called "class representatives" and their claims must arise from facts or law common to the class members.

A potential class action lawsuit must first receive certification as a class through the filing of a motion. Class Certification will be considered by the Judge after all parties are before the court and have had an opportunity to file answers and responses to the Motion for Class Certification. If the lawsuit goes forward as class actions, class members' rights will be protected by the lawsuit unless a member of the class specifically asks to be excluded.

In federal court, where class action lawsuits are often filed, the procedures for certifying a class and the requisite elements for certification are governed by Rule 23 of the Federal Rules of Civil Procedure. For general information about federal courts and how they are structured, you can visit the Courts web site.