Class Action

Class Action

Class Action

A class action aggregates claims too numerous or too small to litigate individually. Named representatives litigate on behalf of absent class members, who are bound by the judgment unless they opt out where opt-out rights exist.

Certification requires satisfying threshold requirements and fitting within one of the defined class types.

Alternative Names:

Class Litigation, Representative Action

Why it Matters?

Certification is effectively the whole case. A certified class transforms individually trivial claims into aggregate exposure large enough that most defendants settle regardless of merit, while denial usually ends the litigation because individual claims are uneconomic. That asymmetry is why defense resources concentrate on the certification motion and on the interlocutory appeal available from a certification order.

Frequently Confused with

Related terms

Frequently asked questions

How does a class action differ from a mass tort?

How does a class action differ from a mass tort?

A class action resolves claims collectively through a representative with a binding judgment. Mass torts aggregate individual cases that retain their separate identities and are resolved individually.

Why is certification so decisive?

Why is certification so decisive?

Because it converts small individual claims into aggregate exposure that pressures settlement, while denial typically ends the case since individual claims are not worth pursuing.