James Morris Law Firm P.C. Newsletter

What Constitutes a "Class" for Litigation Purposes

A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including:

• A mass accident – usually a single event such as an airplane crash
• Widespread personal injuries – usually involving defective products such as tires or pharmaceuticals

How Is a Class Action Lawsuit Brought?

There are usually four steps prior to beginning a class action claim:

1. Define the class – To define the class is to identify the individuals with similar claims who would like to participate in the class action lawsuit.
2. Choose a representative plaintiff – Injuries or afflictions beyond that of class members is not necessary. However, the representative plaintiff should possess the ability to fairly and accurately represent the entire class.
3. File a Statement of Claim – This is a descriptive statement about the suit that must be filed with the court.
4. Have the claim certified as a class action – If the court certifies the Statement of Claim, the court has granted permission for the claim to proceed as a class action. After this, the lawsuit may begin.

The Advantages of a Class Action Lawsuit

There are several advantages to bringing a class action lawsuit. First, the class benefits from the perception of strength in numbers. Additionally, class actions allow individuals who might not otherwise pursue legal action an opportunity to have their grievance heard. Class actions also serve to funnel numerous possible court actions into one, thereby relieving the burden on courts.

Class action parties are usually represented by attorneys on a contingency basis, meaning the attorney will receive a portion of the settlement if awarded. If there is no settlement, there is typically no requirement of any payment of attorneys’ fees by the individuals of the class.

© 2026 NextClient.com, Inc. All rights reserved.

• Slip and Fall Injuries
  There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The... Read more.
• Respondeat Superior in Theory and Practice
  In general, people are not liable for the actions of others. There are, however, exceptions to this rule. One long-standing exception is the doctrine of “respondeat superior,” a Latin term meaning “let the master answer.”... Read more.
• Elder Abuse Indicators and Reporting Requirements
  Elder abuse is a growing problem. As medical conditions become more serious and debilitating, the elderly are often unable to care for themselves. Accordingly, the elderly may become more dependent on those who care for them, and... Read more.
• Limits on the Imposition of Punitive Damages
  An injured party who has successfully proven that the injury and damages were caused by the defendant may be entitled to an award of “punitive damages” in addition to actual damages. Punitive damages are designed to punish... Read more.

• Supreme Court Reinstates Conviction in Etan Patz Murder Case
• Missouri Judge Strikes Down Major Abortion Restrictions Under Voter-Approved Amendment
• Florida Attorney General Sues TikTok Over Minor Accounts and Safety Claims
• D4vd Granted Delay in Murder Case as Judge Pushes Probable Cause Hearing to July
• Danone Sues Chobani Over Protein Claims on Greek Yogurt Tubs