Civil Procedure
Class Action
Definition
A class action is a procedural device under Federal Rule of Civil Procedure 23 that allows one or more plaintiffs to sue on behalf of a larger group (the class). Certification requires numerosity, commonality, typicality, and adequacy of representation. The class must also fit one of three categories: risk of inconsistent judgments (Rule 23(b)(1)), injunctive or declaratory relief (Rule 23(b)(2)), or predominance of common questions with a finding that a class action is superior to other methods (Rule 23(b)(3)).
Example
Millions of consumers allege that a tech company overcharged them for a product. A class action may be appropriate if common questions of law and fact predominate.