Over a period of weeks we will try to provide you some informations about “class action”. In this article I am going to define “class action”.
We can define it as a civil action brought by one or more individuals on behalf of themselves and “all others similarly situated” (or equivalent language).
The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.
The decision is binding to all parties.
The purpose of a class action is to secure a judicial remedy which not only eliminates a wrong committed against an individual, and compensates him or her for the effects of that wrong, but which also provides such remedies for all others in a definable class who have suffered as a result of the same practice or practices.
The technical legal requirements and definition of a class in federal court proceedings are contained in Rule 23 (b) of the Federal Rules of Procedure.
We can also say that a legal proceeding which presents the related or similar claims of an identifiable group against a single or group of defendants, usually by using one representative claimant to assert the claims on behalf of the group can be a class action law suit.