Class Certification

Class certification is the moment a judge decides that a lawsuit filed as a class action can actually proceed on behalf of the whole group. Until then, the case is only a proposed class action. Many cases rise or fall at this stage, because a defendant facing claims from millions of people has much more reason to settle than one facing a handful of individual plaintiffs.

In federal court, the plaintiffs must satisfy all four requirements of Rule 23(a): numerosity, commonality, typicality, and adequacy of representation. They must also fit one of the Rule 23(b) categories. The most common for money damages is Rule 23(b)(3), which requires that common questions predominate over individual ones and that a class action is superior to other methods of resolving the dispute. Judges often examine evidence closely at this stage, including expert testimony on damages.

Rule 23(f) lets a party ask the court of appeals for permission to appeal a certification decision within 14 days after the order is entered. Appeals courts do not have to take the appeal, but when they do, the case can pause for months.

Certification matters to ordinary people because it triggers notice. Once a class is certified, members are usually told about the case and given the right to opt out. In settlements, courts often certify a class for settlement purposes at the same time they grant preliminary approval. For a deeper look, read our guide what is class certification and how a class action works.