Named Plaintiff

A named plaintiff is the person, or small group of people, whose name actually appears on a class action lawsuit. Also called the lead plaintiff or class representative, this is the individual who filed the case and agreed to represent everyone else in the class, sometimes thousands or millions of people who never have to lift a finger unless and until the case settles.

Being a named plaintiff is a real commitment, not just a formality. Under Federal Rule of Civil Procedure 23, a case can only proceed as a class action if the named plaintiff’s situation is typical of the group (typicality) and if they can adequately represent everyone’s interests (adequacy). In practice, that means the named plaintiff sits for depositions, hands over documents during discovery, consults with attorneys throughout the case, and ultimately decides whether to accept or reject a settlement offer on behalf of the entire class.

This is very different from being an ordinary class member. A class member typically has nothing to do until a settlement is reached and a claim form opens up. The named plaintiff, by contrast, is involved from the day the complaint is filed, a process that can take years before a class is even certified.

Named plaintiffs generally don’t pay any of the case’s legal costs themselves, and courts often approve a larger service award for them out of the settlement fund in recognition of their time and involvement, though there’s no fixed amount and it varies by case.

If you’ve received a notice describing you as a class member, you’re not the named plaintiff. You’re one of the people the named plaintiff is representing, and your part is far simpler: check if you qualify, and file a claim if one’s required.

This article is for informational purposes only and is not legal advice. Laws, settlement terms, and processes described here can change – confirm current details with an official source or a licensed attorney before taking action.