What it is
A request asking the court to let named plaintiffs litigate on behalf of a larger class of similarly situated people. Certification does not decide liability; it decides whether the case can proceed as a class action.
Asks the court to let named plaintiffs represent a class of similarly situated people.
A request asking the court to let named plaintiffs litigate on behalf of a larger class of similarly situated people. Certification does not decide liability; it decides whether the case can proceed as a class action.
Filed after pleadings and class discovery, often in consumer, securities, privacy, wage, antitrust, product, and civil-rights cases. The plaintiffs must show the Rule 23 requirements are met.
Defendants oppose by attacking numerosity, commonality, typicality, adequacy, predominance, superiority, ascertainability, damages models, conflicts, or manageability.
Certification may be granted, denied, narrowed, or granted for specific issues only. A denial often destroys settlement leverage; a grant can multiply exposure dramatically.