Section (a) permits a class action if “(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.” If the action satisfies these requirements, it must then fit into one of three categories: (1) where individual litigation would have varying results requiring the opposing party to act inconsistently toward the class members or would affect the interests of class members who are not parties to the individual action (2) where the opposing party has acted or refused to act on grounds that are applicable to the class members as a whole and therefore injunctive or declaratory relief with respect to the class members as a whole is appropriate or, (3) where the questions of law or fact common to the class members outweigh questions that apply to only particular individuals so that a class action is the best method to determine respective rights and liabilities. Rule 23 of the Federal Rules of Civil Procedure sets out the prerequisites for having an action certified as a class action in federal court. : an action in which a representative plaintiff sues or a representative defendant is sued on behalf of a class of plaintiffs or defendants who have the same interests in the litigation as their representative and whose rights or liabilities can be more efficiently determined as a group than in a series of individual suitsĬalled also class action suit, class suit see also certification compare consolidate, joinder, test case at case These examples are programmatically compiled from various online sources to illustrate current usage of the word 'class action.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. 2023 This time from Boston Chemical, a group hired by a law firm working to build a class action lawsuit. Joshua Sharpe, San Francisco Chronicle, 4 Apr. 2023 The monitoring, which began two decades ago in the wake of a class action lawsuit over a band of officers accused of abusing people in West Oakland, was potentially set to end this May. 2023 Kia, Hyundai thefts:Greater Cincinnati car owners file class action lawsuit Police say the car stolen on Hallam Avenue was found at a gas station near Louisville and was involved in a high-speed chase. Cardona, a class action lawsuit filed in 2019 by borrowers who attended one of the 153 mostly for-profit colleges named in the suit. 2023 Around 200,000 borrowers were granted over $6 billion in forgiveness by a federal judge thanks to Sweet v. 2022 The settlement resolves a class action lawsuit filed in December 2020 by Ed Asner, a former SAG president, and nine other performers. 2022 And now, in the wake of a federal judge’s ruling in July that the case can proceed as a class action, the outcome of the trial could affect generations of girls in Hawaii and act as a wider stress test for the promises and responsibilities of Title IX. Roxana Popescu, San Diego Union-Tribune, 20 Nov. Recent Examples on the Web The class action, which was settled in 1985, ultimately guided the cleanup and recovery process and reshaped the town.
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