Understanding What Qualifies as a Class Action Lawsuit

Behind every complex case is a client for whom the harm is personal. An injury. A loss. A cost that should have never been incurred. We approach each matter with that reality in mind.

At the same time, widespread misconduct often affects many people or entities in similar ways. Our role is to honor the importance of each client’s case while drawing on our experience and expertise as class action lawyers to litigate those related claims efficiently and effectively.

That balance—treating each client’s case with care while managing complex litigation involving many plaintiffs—is central to how we practice. It allows us to advocate forcefully for individual interests while addressing systemic wrongdoing.

What Is a Class Action Lawsuit?

A class action is a single case brought on behalf of a group of people, corporations, or government entities who have been harmed in similar ways by the same conduct. Rather than requiring each person or entity to file a separate lawsuit, a class action allows a class representative to litigate the common legal and factual issues on behalf of the entire group. Courts must approve the use of this approach and determine that the claims are sufficiently alike for class treatment. When those requirements are met, class actions can provide an efficient way to address widespread harm while ensuring that the interests of all class members are fairly represented.

What are the requirements for a class action to be certified?

Before a court will certify a case and allow it to proceed as a class action, several requirements must be satisfied:

1. Numerosity: The class must be so large that it would be impractical for every person to file their own separate lawsuit. This typically requires that the class have at least 40 members.
2. Commonality: There must be factual or legal questions that are common to the cass. For instance, did the same defective part in a car cause all the accidents?
3. Typicality: The claims of the lead plaintiff must be typical of the claims of the rest of the class.
4. Adequacy: The lead plaintiff and their attorneys must be able to fairly and competently represent the interests of the entire class.

On top of those prerequisites, there are other requirements that must be satisfied before a class will be certified.

In cases that seek injunctive relief, courts examine whether a single court order—such as requiring a company to change a policy or stop the unlawful conduct—would provide relief to all class members at once. This type of class action is commonly used where uniform conduct calls for a uniform remedy.

In cases that seek monetary damages, there are two requirements: predominance and superiority. Predominance asks whether there are common questions of law or fact that predominate over issues affecting only individual class members. The superiority requirement asks whether resolving the claims together in a single class action is superior to other available methods, such as individual laws suits, for fairly and efficiently adjudicating the dispute.

How to File a Class Action

You can generally expect the process of bringing a class action to include:

1. Consultation with an Experienced Class Action Attorney: Your first step is to speak with a lawyer who has the resources, expertise, and experience to investigate and litigate your case as a class action.
2. Investigation: Your legal team must meticulously investigate your cases. In complex class actions, this often involves consultation with experts to address an array of issues to establish the defendant’s liability, the class’s damages, and the maintainability of the case as a class action.
3. Filing the Complaint: After your legal team concludes that investigation, a complaint must be filed with the court, setting forth the specific allegations showing the defendant’s liability and the damages suffered by the class.
4. Class Certification: Your attorney must ask the judge to “certify” the class. If certified, the case moves forward on behalf of all members as a class action.
5. Discovery & Settlement: Both sides exchange evidence through a process called discovery. Many class actions resolve through a court-approved settlement before ever reaching a jury.
6. Trial: While most successful class actions settle before trial, it is important that your legal team prepares your class action for trial from day one.