Dometic Corp., a lawsuit filed over allegedly defective RV fridges, a judge found that although the class-“all persons who purchased in selected states certain models of Dometic refrigerators that were built since 1997”-was clear, it would be difficult to identify the people who actually owned the fridges. In other words, even if the class is clearly defined, a court could deny certification if it is too difficult to identify the individual class members.įor example, in Cherry v. After all, a class action can’t get too far without a clear definition of who it’s looking to cover.Īnother factor related to ascertainability is whether it is administratively feasible to identify class members. In order for the court to decide that the class is ascertainable, the definition of the proposed class must be clear enough to allow class members to be identified using objective criteria without the need for individualized inquiries-for instance, anyone who purchased a certain product in the U.S. Though not expressly mentioned in Rule 23, an implied requirement for class actions is that the proposed class, or the group of people the case is looking to represent, must be clearly defined. Ascertainability: Who does the case aim to cover? Though we’ll do our best to outline what’s required, an attorney would be better equipped to help explain your legal rights and options and determine whether a class action would be appropriate for your situation. Below, we’ll break down the Rule 23 requirements that every class action must meet in order to pass that formidable certification stage.īut, before we go on, it’s important to note that if you’re considering filing a class action, it’s a good idea to seek the advice of an attorney first. So, what’s the recipe for a successful class action lawsuit? Well, it’s all laid out in what’s known as Rule 23 of the Federal Rules of Civil Procedure. In general, failing to meet the certification hurdle can doom a proposed class action for good, but if certification is granted, the plaintiffs’ lawyers are that much closer to a favorable outcome. Not every proposed class action will become a class action officially, and it may surprise you to learn that there’s a fairly high bar to meet before a case can be certified as a class action-a critical step in the process between a lawsuit’s filing and its potential resolution. You can also use our online contact form.If you’ve spent time reading through our blog and newswire here on, you may have noticed that we refer to each new case as a “proposed” class action. To schedule your consultation, please call us at 91 or call us toll-free at 88. Reach out to our team to schedule a complimentary consultation about a class action lawsuit. Our experienced legal team is here for you. You do not need to take on a powerful business entity on your own. You will not owe us a cent unless we recover compensation for your damages. This allows us to work on a contingency fee basis, so we do not charge you anything up front. We work to have the defendant pay your legal costs. In class action lawsuits, plaintiffs typically do not need to pay for representation. We take pride in protecting regular people from predatory and unlawful business practices. He also, as reported by North Carolina Lawyers Weekly, had the highest class action settlement in North Carolina in 2020. For instance, attorney Edward Maginnis has served as the Chair of the Consumer Division for the North Carolina Advocates for Justice. Advocating for the rights of consumers is our lawyers’ passion. Our commitment to you is more than just a legal one. We Are Dedicated To North Carolina Consumers We have a record of achieving positive outcomes for our clients, from high settlements to awards. Based in Fayetteville, our lawyers represent a range of people, from consumers to investors to tenants. To do this, though, you will need the help of knowledgeable attorneys.Īt Britton Law, we assist individuals in filing class action suits against some of the nation’s most powerful companies. When multiple plaintiffs band together in a class action lawsuit, the chance of recovering compensation and holding a corporation accountable for its wrongdoing can be even greater. The old phrase is accurate: There is strength in numbers.
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