The class representative must have claims typical of the class, no conflicts with absent members, and willingness to participate in the litigation including discovery and testimony.
Representatives owe fiduciary obligations to absent members.
Alternative Names:
Lead Plaintiff, Representative Plaintiff
Why it Matters?
Representative depositions are a standard certification defense tool, because a plaintiff unfamiliar with the claims, unable to describe the alleged conduct, or entirely deferential to counsel supports an adequacy challenge. The threshold is low and courts rarely find inadequacy on knowledge alone, but the testimony frequently surfaces unique defenses and conflicts that do defeat certification.
Frequently Confused with
Related terms
Frequently asked questions
Does a representative need detailed knowledge of the claims?
What obligations does the role carry?
