![]() ![]() In other words, even if the class is clearly defined, a court could deny certification if it is too difficult to identify the individual class members.įor example, in Cherry v. After all, a class action can’t get too far without a clear definition of who it’s looking to cover.Īnother factor related to ascertainability is whether it is administratively feasible to identify class members. ![]() In order for the court to decide that the class is ascertainable, the definition of the proposed class must be clear enough to allow class members to be identified using objective criteria without the need for individualized inquiries-for instance, anyone who purchased a certain product in the U.S. Though not expressly mentioned in Rule 23, an implied requirement for class actions is that the proposed class, or the group of people the case is looking to represent, must be clearly defined. ![]() Ascertainability: Who does the case aim to cover? Though we’ll do our best to outline what’s required, an attorney would be better equipped to help explain your legal rights and options and determine whether a class action would be appropriate for your situation. Below, we’ll break down the Rule 23 requirements that every class action must meet in order to pass that formidable certification stage.īut, before we go on, it’s important to note that if you’re considering filing a class action, it’s a good idea to seek the advice of an attorney first. So, what’s the recipe for a successful class action lawsuit? Well, it’s all laid out in what’s known as Rule 23 of the Federal Rules of Civil Procedure. In general, failing to meet the certification hurdle can doom a proposed class action for good, but if certification is granted, the plaintiffs’ lawyers are that much closer to a favorable outcome. Not every proposed class action will become a class action officially, and it may surprise you to learn that there’s a fairly high bar to meet before a case can be certified as a class action-a critical step in the process between a lawsuit’s filing and its potential resolution. If you’ve spent time reading through our blog and newswire here on, you may have noticed that we refer to each new case as a “proposed” class action. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |