Class action: Difference between revisions

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A class action (or class-action lawsuit) is a type of civil lawsuit that allows a group of individuals (the "class") to make a unified, collective civil case against an entity<ref name=":0">https://www.investopedia.com/terms/c/classaction.asp</ref>. Rule 23 of the Federal Rules of Civil Procedure permits one or more parties to "sue or be sued as representative parties on behalf" of all those similarly situated<ref>https://charlestonlaw.libguides.com/c.php?g=1255231&p=9195720</ref>.

A class action (or class-action lawsuit) is a type of civil lawsuit that allows a group of individuals (the "class") to make a unified, collective civil case against an entity<ref name=":0">https://www.investopedia.com/terms/c/classaction.asp</ref>. Rule 23 of the Federal Rules of Civil Procedure permits one or more parties to "sue or be sued as representative parties on behalf" of all those similarly situated<ref name=":1">https://charlestonlaw.libguides.com/c.php?g=1255231&p=9195720</ref>.

When a class action succeeds, the class receives compensation, and after legal fees, all members of the class receive a share of the compensation<ref name=":0" />.

Class actions originated in the US but are now recognised in some other jurisdictions, including Canada, the UK, and some European countries.

== Requirements ==

A class action must meet all requirements under Rule 23(a) to be legally valid. The four requirements are listed below<ref name=":1" />.

=== Numerosity ===

<blockquote>(1) the class is so numerous that joinder of all members is impracticable"</blockquote/>

Known as the "numerosity" requirement, this means that it would be not be manageable for the court to handle every claimant as a full legal participant in the suit. Numerosity is presumed at 40 or more claimants<ref>https://www.lexisnexis.com/community/insights/legal/practical-guidance-journal/b/pa/posts/class-action-rule-23-a-prerequisites-standards-chart-2d-cir</ref>.

=== Commonality ===

<blockquote>(2) there are questions of law or fact common to the class</blockquote>

Known as the "commonality" requirement.

=== Typicality ===

<blockquote>(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class</blockquote>

Known as the "typicality" requirement.

=== Adequacy of the representation ===

<blockquote>(4) the representative parties will fairly and adequately protect the interests of the class</blockquote>

Known as the "adequacy of representation" requirement.

== Importance for consumer rights ==

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-A class action (or class-action lawsuit) is a type of civil lawsuit that allows a group of individuals (the "class") to make a unified, collective civil case against an entity<ref name=":0">https://www.investopedia.com/terms/c/classaction.asp</ref>. Rule 23 of the Federal Rules of Civil Procedure permits one or more parties to "sue or be sued as representative parties on behalf" of all those similarly situated<ref>https://charlestonlaw.libguides.com/c.php?g=1255231&p=9195720</ref>.
+A class action (or class-action lawsuit) is a type of civil lawsuit that allows a group of individuals (the "class") to make a unified, collective civil case against an entity<ref name=":0">https://www.investopedia.com/terms/c/classaction.asp</ref>. Rule 23 of the Federal Rules of Civil Procedure permits one or more parties to "sue or be sued as representative parties on behalf" of all those similarly situated<ref name=":1">https://charlestonlaw.libguides.com/c.php?g=1255231&p=9195720</ref>.
 When a class action succeeds, the class receives compensation, and after legal fees, all members of the class receive a share of the compensation<ref name=":0" />.
 Class actions originated in the US but are now recognised in some other jurisdictions, including Canada, the UK, and some European countries.
+== Requirements ==
+A class action must meet all requirements under Rule 23(a) to be legally valid. The four requirements are listed below<ref name=":1" />.
+=== Numerosity ===
+<blockquote>(1) the class is so numerous that joinder of all members is impracticable"</blockquote/>
+Known as the "numerosity" requirement, this means that it would be not be manageable for the court to handle every claimant as a full legal participant in the suit. Numerosity is presumed at 40 or more claimants<ref>https://www.lexisnexis.com/community/insights/legal/practical-guidance-journal/b/pa/posts/class-action-rule-23-a-prerequisites-standards-chart-2d-cir</ref>.
+=== Commonality ===
+<blockquote>(2) there are questions of law or fact common to the class</blockquote>
+Known as the "commonality" requirement.
+=== Typicality ===
+<blockquote>(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class</blockquote>
+Known as the "typicality" requirement.
+=== Adequacy of the representation ===
+<blockquote>(4) the representative parties will fairly and adequately protect the interests of the class</blockquote>
+Known as the "adequacy of representation" requirement.
 == Importance for consumer rights ==