Class Actions

Rule 23(a) of the Federal Rules of Civil Procedure identifies four prerequisite elements that must be met for a case to become a class action.  Those elements are:

1. Numerosity: One of the prerequisites for a class action lawsuit is referred to as numerosity.  To qualify as a class, the group of plaintiffs must be large enough that joining them into a single lawsuit will be more practical and efficient than joining all of those plaintiffs to one lawsuit, or prosecuting individual lawsuits.  While there’s no fixed number that defines numerosity, courts generally require at least 40 class members to certify a class.
2. Commonality: The class members must share common issues of fact or law.  This means that there must be a common legal or factual question that ties together the claims of all class members.  The commonality element ensures that the lawsuit’s resolution will have a meaningful impact for each class member.
3. Typicality: The claims of the class representative, who acts on behalf of the entire class, must be typical of the claims of other class members.  This requirement ensures that the representative’s interests are aligned with those of the class as a whole.
4. Adequacy: The class representative must be found to fairly and adequately protect the interests of the class.

Once a court determines that a case meets the prerequisites under Rule 23(a), the case must then fit into one of the three types of cases specified by Rule 23(b).  Those types are:

1. Cases where prosecuting separate actions would be unfair to certain parties, because of prosecuting multiple suits. Cases meet this standard when the risk of multiple suits could create inconsistent results which would create incompatible standards of conduct for the opposing party, or results that would not fully resolve the interests of other class members or impede their ability to protect their interests.  Cases can also meet this standard where several individual actions could determine the interests of other individuals that are not parties to the action, or impair their ability to protect their interests (see R. Civ. P. 23(b)(1));
2. Injunctive class actions, where the party opposing the class has refused to act or has acted on grounds that apply to the whole group, such that injunctive relief is appropriate to the entire class (see R. Civ. P. 23(b)(2)); or
3. Cases where common questions of fact predominate over individual fact questions affecting only individual members, making a class action superior to other methods of adjudicating the case. See R. Civ. P. 23(b)(3).  Courts analyzing these types of class actions will consider:

– Class members’ interests in individually controlling separate actions;

– The extent and nature of any pre-existing lawsuits related to the same issue;

– How desirable it would be to concentrate litigation in a particular forum; and

– Likely difficulties in managing a class action.

Each type of class action has its own quirks.  For instance, class actions certified for the risk of incompatible standards or posing risks to plaintiffs under Rule 23(b)(1) are relatively uncommon, but tend to occur in cases against the government where results must be consistent across plaintiffs, or in the case of limited funds that may not have the funds to individually satisfy all of the claims against it.  Injunctive class actions under Rule 23(b)(2) can only apply where a single injunction will provide relief to every class member.  Further, injunctive class actions can only support monetary relief where the monetary relief is “incidental” to the injunctive relief sought.  Class actions under Rule 23(b)(3) are the most common class actions for seeking monetary damages.  These class actions also require that class members receive notice of class certification and can choose to opt out of the class.  This notice for the other types of class actions is up to the discretion of the court.

Assuming the Rule 23(a) requirements are met, and the court finds that the proposed class meets one of the types listed in Rule 23(b), then the court will certify the class.  The class representative must move for class certification “at an early practicable time,” which can be as early as after the plaintiffs file their complaint or as late as after some discovery is exchanged to support to oppose the class certification motion.  If the court grants the motion, the court must issue a certification order which defines the class and the class claims, issues, defenses, and identifies the class counsel.

1. Efficiency: Consolidating similar cases into a single lawsuit saves time and resources for both the court system and the parties involved, preventing the overburdening of courts with numerous similar cases.
2. Access to Court: Class actions provide an avenue for individuals who have suffered relatively small harms to collectively seek redress against a person or entity as a group, leveling the playing field against large and powerful defendants.
3. Incentivizing Responsibility: Class actions can serve as a deterrent, encouraging defendants to act responsibly and avoid harmful practices that could lead to costly lawsuits.
4. Consistency: Class actions give defendants the reliability of a single determination of the viability of a claim, rather than the potential for numerous suits with inconsistent results and judgments.

1. Cost and Effort: Class actions can be expensive to manage and require a great of effort to organize the strategy and discovery for large groups of plaintiffs.
2. Potential for Abuse: Some critics argue that class action lawsuits can be abused by plaintiffs looking for a quick payout, even if their claims are weak.
3. Complexity: Class actions can be legally complex and time-consuming, potentially taking years to resolve, which can deter plaintiffs from engaging in this type of lawsuit.
4. Difficulty Settling: Settlements in class action suits must be approved by the court and may require a class notification, which complicate any potential resolution between the parties by settlement.