Common Class Action Litigation Legal Terms And Their Meanings - 2
Commonality
Some common material fact or question of law that is common to all potential class members.
Common Fund Class
An action whereby the intended purpose of the case is to create a cash fund to be divided among the class members and from which class counsel's fees and expenses can be paid.
Compensatory Class
A class action proceeding under Federal Civil Procedure Rule 23(b)(3) wherein money damages are sought for the class members.
De-certification
An action taken by the court to reverse a previous decision which permitted a case to proceed as a class action.
Declaratory Judgment Class
A class action attempting to get a court to clarify the rights and obligations of the parties to the litigation.
Defendant
The person being sued in a lawsuit.
Exclusion Request
A document filed with the court indicating that a class member doesnt want to participate in pending litigation.
Fairness Hearing
A court hearing where the court evaluates the "fairness" of a proposed settlement and hears any objections to the proposed settlement.