Class Certification

Class certification is a court decision allowing named representatives to pursue specified claims or issues on behalf of a defined group. It establishes whether a lawsuit may receive class action treatment, rather than deciding that the defendant is liable or that class members will receive money.

In federal court, Federal Rule of Civil Procedure 23 requires the proposed class to satisfy numerosity, commonality, typicality, and adequate representation, plus at least one category under Rule 23(b). For a damages class under Rule 23(b)(3), shared questions must predominate over individual ones, and class treatment must be superior to other available methods.

Certification is distinct from a final decision on the merits, but the court’s examination can overlap with issues central to the claims. The Supreme Court explained this rigorous review in Wal-Mart Stores v. Dukes. Describing certification as a procedural step does not mean the judge simply accepts the complaint’s assertions.

A settlement class also needs to meet the applicable certification requirements. As the Supreme Court explained in Amchem Products v. Windsor, reaching a settlement does not remove those protections. Certification and approval of the settlement are separate decisions, even when considered together.

For you, the certification order helps identify the group and claims being represented. Notice and exclusion rights depend on the applicable rule and court orders, not just on what the parties put in their agreement. Rule 23(b)(3) provides an opportunity to request exclusion, while other class types have different requirements.

A federal certification order may be altered or amended before final judgment. State court procedures can differ, so the current order matters. Class membership and payment eligibility remain separate questions, and a settlement may require a valid claim or other steps before a benefit is provided.