CLASS ACTION LAWSUITS
A class action
lawsuit is the consolidation of multiple, related claims into a single lawsuit.
In appropriate
circumstances, a class action can be an efficient alternative to individual
lawsuits, as it helps spread the legal costs among the group of claimants, some
of whom might not be able to afford the cost of prosecuting their claims
individually. Also, sometimes a group of people can have a bigger impact
against the wrongdoer and achieve better results than one or two individuals
fighting on their own.
However, not
just any group of people can band together and call themselves a
"class." Certain criteria must be met for a group of claimants to be
certified as a class and for a lawsuit to be certified as a class action.
In Ohio, class
certification is controlled by Ohio Civil Rule 23. In a nutshell, Section A of
the rule establishes four criteria for class certification: 1) numerosity, 2) commonality, 3) typicality, and 4) the requirement that the
class receive fair and adequate representation.
- Numerosity refers to the requirement
that there be a sufficient number of claimants. However, there is no magic
number. The Ohio Supreme Court has stated that the numerical requirement
must be determined on a "case by case" basis. They did, however,
provide some general guidance, stating in their decision that, more than
40 people probably qualifies as meeting numerosity; that less than 25 may
not; and that between 25 and 40, there is no automatic rule.
- Commonality requires that there be
questions of law or fact common to all members of the class. The
determination of commonality is also made on a case-by-case basis,
however, the Ohio Supreme Court noted that if there is a "common
nucleus of operative facts" or "there is a common
liability issue", then commonality is probably met . Examples
of commonality might include a group of people who were all harmed in the
same way by the same drug, or a group of people who were similarly
defrauded by an insurance company.
- Typicality This requirement has to do
with the named representatives of the class or group having essentially
the same matters at issue as the rest of the class or group, which the
Supreme Court defines as "no express conflicts among the members of
the group". The Fifth District Court of Appeals further clarified the
requirement of typicality by noting that there may be differences between
the factual patterns; but the important point is that the defendant's
conduct is the same for each member of the class. So, for example, if a
chemical company contaminated water in a community and many neighbors got
sick, even if the named representatives got sick at different times or in
different ways than some other members, they could still qualify as a
class because the cause and conduct are the same.
- Adequate Representation requires that the class
representatives-the named plaintiffs-must adequately represent the
interests of the other members of the class. Additionally, there must be a
determination as to the adequacy of the class representatives' counsel.
Class counsel must be "experienced in handling litigation of the type
involved in the class before certification is allowed."
Consultation
If you have been
injured or damaged in a situation where you know others have also experienced a
problem, please give us a call. If requested, we will meet with you to explain
your legal rights and determine if you might have cause for a class action or
might be able to join a class action already in progress. There is never a
charge for an initial consultation.
