Civil Procedure
Class Certification
Class CertThe judicial decision to allow a lawsuit to proceed as a class action on behalf of similarly-situated plaintiffs.
Governing rule: Fed. R. Civ. P. 23
Plain-English definition
Class certification is the judge's decision that a case may proceed as a class action — that is, on behalf of a group of similarly-situated plaintiffs. To certify, the court must find numerosity, commonality, typicality, and adequacy of representation under Rule 23(a), plus one of the categories under Rule 23(b). Decisions are immediately appealable under Rule 23(f).
Notable cases
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Wal-Mart Stores v. Dukes (U.S. Sup. Ct., 2011)
Tightened the commonality standard for nationwide classes.
More in Civil Procedure
Amended Complaint
A revised complaint that changes, adds, or clarifies allegations, parties, or claims after the original complaint was filed.
Answer
The defendant's formal written response to the plaintiff's complaint, admitting or denying each allegation.
Collateral Estoppel
Also called issue preclusion. The doctrine that prevents re-litigating a specific issue that was actually decided in a prior case.
Complaint
The initial pleading filed by the plaintiff that starts a civil lawsuit.
Consolidation
Combining related cases for coordinated management, discovery, hearings, or trial.
Counterclaim
A claim brought by a defendant against the plaintiff within the same lawsuit.
Crossclaim
A claim by one party against a co-party, such as one defendant suing another defendant in the same case.
Default
A clerk or court entry showing that a party failed to plead, defend, or otherwise respond as required.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.