Constitutional Daily

Founding Principles

The Tenure Paradox - Robot pimp

Slap on the Wrist for "Non-Consensual Sex" - Lampshade, Esq.

Intelligence: The Gathering - Graphic and Gratuitous

Grads are the New Illegals - Robot Pimp

Meet Entitlement Eric - Robot Pimp

Wherein I Solve World Peace - Lampshade, Esq.

A Necessary Delusion - Shadow Hand

Do you even need to shave overhead? - Lawyerlite

LSAT Jenga - Publius Picasso

Time, Place, and Manner

...Should have some links here or something.


Class Action Explained In Simple Terms

E-mail Print PDF

[Sponsored Content]

A class action is a type of lawsuit in which one or more persons sue on behalf of a larger group of persons which is referred to as ‘the class’. Whilst the subject matter of class action lawsuits can vary quite widely, there are a number of factors which are almost always present for every class action. In this article, we have explained in simple terms how a class action lawsuit works.

Factors Presents

As mentioned above, there are a number of factors present in almost every class action lawsuit regardless of the subject matter. Two factors which are almost always present for every class action is that the issues in dispute are common to all members of the class, and that the number of persons affected by the matter is too large to bring them all individually before the court.

Depending on the type of class action, the resolution of the lawsuit will bind all members of the class certified by the Court. The rules which govern class action lawsuits under federal law are found in Federal Rule of Civil Procedure 23. Many class action cases begin due to a complaint by just one or a small handful of persons, such as the Morcellator Class Action lawsuit, as seen in recent Class Action News.

Types of Class Action

There are various different types of class action lawsuits, which include claims by employees who have been subject to a pattern of discrimination due to race, age or gender by their corporate employer, home or business owners who have been affected by an environmental disaster, or consumers who have purchased a defective product or have been deceived by false or manipulative advertising practices. Class action lawsuits could also include patients who have been prescribed a drug with dangerous side effects that the manufacturer or prescriber failed to disclose, investors who have lost funds due to securities fraud, or individuals whose sensitive and/or private communications were recorded or released by a corporation without knowledge or authorization.

Class Action Lawsuits and Controversy

Many are of the opinion that lawyers and the counsel of the plaintiffs and defense who are paid regardless of the outcome of the case are the only ‘winners’ when it comes to the resolution of a class action lawsuit. This image of class action lawsuits is also often advanced by large corporations and the organizations that they support financially for the purpose of undermining the ability of individuals to exercise their right to a civil jury trial under the 7th Amendment to the Bill of Rights. With this ability to safeguard our rights through the civil justice system, rogue corporations would in many cases be immune from liability, and no compensation would be paid to those who are physically or economically injured as the result of misconduct by a company or employer.

This summary is intended only to give lay personas a basic overview of class actions. It is for informational purposes only and does not constitute specific legal advice.

blog comments powered by Disqus

Philadelphia Lawyer, Unfiltered

The finest blend of analysis, advice, and fury on the internet. Sour mash, oak barrel aged, published at cask strength.


Most Recent Article:

In Defense of Risk (Happy Fourth of July)

All Articles from The Philadelphia Lawyer

Author Profile

The Robot Pimp

An in depth look at the emerging intersection of law, behavioral economics, and robots.

Most Recent Article:

The Tenure Paradox

All Articles from The Robot Pimp

Author Profile

Practice Makes Putrid

Legal practice would be all rainbows and buttercups, if it weren't for the clients, and opposing counsel, and co-counsel, and judges, and the law.

Most Recent Article:

Eat Mor Fiv Freedums

All Articles from The Namby Pamby

Author Profile

Gin and Glannon's

As Shadow Hand suffers through law school, the rest of us get a little Schadenfreude.

Most Recent Article:

I Just Work Here

All Articles From Shadow Hand

Author Profile

Irresistible Impulse

Dr. Rob Dobrenski's daring expedition into the psychology of lawyers and the law. (Not a substitute for a life well lived.)

Most Recent Article:

You're Not a Failure, You're a Narcissist

All Articles from Dr. Rob

Author Profile

Graphic and Gratuitous

Sometimes cartoons are the highest form of communication. Those times are known as "most of the time."

Most Recent Cartoons:

Intelligence: The Gathering

All Cartoons

There And Never Back Again

Defunct Big Law attorney BL1Y shares his misadventures as a writer who accidentally went to law school.


Most Recent Article:


All Articles from BL1Y

Author Profile

Lampshade, Esquire

We're dealing with some technical difficulties here. Hold up a minute.

All Articles From Lampshade, Esq.

Staff Infections

News, humor, and other non-billables from our underpaid, uncredited, unsexy staff.


News Articles

Smaller News Bits

Large Numbers of Law

Mixed Bag of Lawesome


Scofflaw Multistate Bar Review