A fail-safe class definition incorporates the ultimate liability determination, such as all persons who were unlawfully charged a fee. Members who lose on the merits fall outside the definition and are not bound by the judgment.
Courts reject such definitions.
Alternative Names:
Fail-Safe Definition, Improper Class Definition
Why it Matters?
The defect is that a fail-safe class produces no preclusive effect against members, so a defendant winning at trial faces the same claims again from people who were never bound. That one-way outcome is why courts reject these definitions rather than treating them as harmless. The fix is defining membership by objective conduct rather than by legal conclusion, which plaintiffs can usually accomplish through amendment.
Frequently Confused with
Related terms
Frequently asked questions
Why do courts reject fail-safe classes?
Is the defect curable?
