What Is Class Certification?

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Class Certification Overview

The term “class certification” is used in the context of a class action lawsuit. A class action lawsuit occurs when a large group of people file a lawsuit over a similar injury. Generally, class action lawsuits are filed against one or a small number of companies. While injuries in a class action lawsuit can be major, most often, they are small when considered individually, but significant when considering that many hundreds or even thousands of people may have been injured in the same way.

The outcome of a class action lawsuit has the potential to affect many people’s rights because a verdict or settlement usually forecloses the rights of others to take legal action over the injury alleged in the class action lawsuit. Even if a class action lawsuit is settled by the parties, the defendant, as a part of that settlement agreement, is usually off the hook for whatever action that allegedly caused the Class Member’s injuries.

Since a class action lawsuit has the potential to affect the rights of many people, class certification is an important part of each class action lawsuit. In each class action lawsuit, the people who will be represented in the lawsuit, also called the “Class,” will need to be defined. Additionally, the lead plaintiffs, or those who want to represent the Class, must demonstrate that they are appropriate representatives of that Class.

How Is the Class Certified?

Depending on the court where the class action lawsuit is being litigated, state or federal law may apply to class certification. Federal and most state laws follow the same general requirements to obtain certification of a proposed Class.

In order to obtain class certification, the plaintiffs and their attorneys must demonstrate to the court that the following requirements are met;

• The lead plaintiff(s) have been harmed in the same or a similar way as the other Members of the Class;
• The Class is appropriately defined so Members of the Class can be determined;
• There are enough Members of the Class to warrant a class action lawsuit; generally, over 21 or more is sufficient;
• A class action lawsuit is the most appropriate way to handle the allegations and there is not an administrative or other action that would make more sense in the case.

Depending on which state the class action lawsuit is being litigated in, the court may initiate class certification or the plaintiff will have to submit a motion for class certification. The defending parties will generally oppose that motion and argue that the Class should not be certified.

According to the Legal Information Institute law dictionary, class certification should happen soon after the class action lawsuit is lodged.

What Happens After Certification?

If the lead plaintiff’s attorney is able to show that the proposed Class meets the requirements for class certification the court will issue an order certifying the Class.

The procedure for class certification can act as a mini-trial in which the allegations are examined and argued by each side’s attorneys. If class certification is successful, parties may enter into settlement negotiations.

If the Class is not certified, the court will dismiss the class action lawsuit; however, under certain circumstances, the court will allow the plaintiff(s) to amend their complaint to rectify problems with the proposed Class.