Civil procedure
Class Certification
Class certification is the court's decision about whether a case may proceed on behalf of an entire class rather than only the named plaintiffs.
The plaintiff must show the class is too numerous for ordinary joinder, that common questions exist, that the named plaintiffs' claims are typical, and that they and their lawyers will adequately represent absent members. Most damages classes must also show common questions predominate and a class action is the superior way to handle it.
This is usually the pivotal ruling in the case. Certification multiplies the exposure and forces settlement talks; denial often leaves claims too small for anyone to pursue.
The order itself is worth reading closely. It defines who is in the class, which claims are covered, and how notice will be given, and those boundaries determine whose rights are decided by whatever happens next.
How it appears on a docket
MEMORANDUM OPINION granting 112 Motion for Class Certification. The court certifies a nationwide class of purchasers and appoints class counsel.
Governing rule
Fed. R. Civ. P. 23(a), (b)(3)
Related terms
- Class Action — A class action is a lawsuit where a few named plaintiffs sue on behalf of a much larger group with the same injury.
- Order — An order is a written direction from the judge deciding something in the case, from a one-line scheduling change to a ruling that ends the lawsuit.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where class certification actually shows up. New to federal dockets? Start with how to find a federal case.