A court may alter or amend a certification order before final judgment, including decertifying where discovery reveals that predominance, typicality, or adequacy is not satisfied.
Motions typically follow completion of merits discovery.
Alternative Names:
Motion to Decertify, Decertify the Class
Why it Matters?
Decertification is the defense opportunity that follows an adverse certification ruling, and it succeeds where the record developed after certification reveals individual variation the certification analysis assumed away. Evidence that class members experienced different conduct, suffered different injuries, or face different defenses supports it. Because certification is frequently decided on a limited record, the merits record can genuinely differ.
Frequently Confused with
Related terms
Frequently asked questions
When is decertification sought?
What supports the motion?
