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Class action lawsuits filed in federal court are governed by Rule 23 of the Federal Rules of Procedure. Class action lawsuits may be filed in federal court for various reasons, including the diversity of locations of the plaintiffs and defendants.

Prerequisites for Class Actions

One or more members of a class may sue or be sued as a representative if the class is so numerous that joinder of all is impracticable, there are questions of law and/or fact in common to all members, the claims (or defenses) are typical of all claims or defenses, and the representatives will fairly protect the interests of the class. In cases like certain consumer claims such as a billing errors lawsuit, these prerequisites seem to be easily met.

Certification

A certification order must be issued if it is determined by the court that it is in the best interests of all class members to litigate the matter as a class action. A certification order is issued as soon as possible after the suit is filed. The certification order must define the class and claims, issues or defenses involved. In addition, the class counsel is named.

Notice

Once a class is certified, the court will direct that appropriate notice to the class be given. The court directs that best notice be given including individual notice if the members are easily identified through a reasonable effort. If class counsel can reasonably determine all persons receiving hip replacements with recalled devices after 2003 an individual letter to each is the best notice and is generally required by the court.

The notice, whether a public notice or to an individual must be clear and concise, informing the potential class member of several things. These include the nature of the action, the definition of the class, the class claims, issues or defenses, procedure for opting out, that the member may appear through an attorney, the time and manner for opting out, and the binding effect of a class judgment on the members under this Rule 23.

Judgment

Regardless of the outcome of a judgment, it must include the people the court considered to be class members under the various sections of Rule 23. Any judgment rendered by the court is binding on all members of the class regardless of whether they approve or not.

Litigation

The court makes all judgments and orders relating to the class action lawsuit and its issues and procedures. Any class action claims may be settled on behalf of the class with the court’s approval. An order denying or granting certification may be appealed within 14 days.

The actual litigation of a class action lawsuit can take many years and is often very expensive. Class members are not required to pay any expenses or fees until such time as an award is granted. If you believe you are eligible to be a member of any product liability lawsuit, you should consult an attorney familiar with the specific product and recall.