Common class action litigation legal terms and their meanings

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Common class action litigation legal terms
and their meanings - 1

● Absent Class Member

A person who by the class definition is a class member but is not actually named in the complaint, and does not generally actively participate in the litigation.

● Adequacy

A term used in determining whether class members are receiving proper legal representation by class counsel and the named class representative.

● Certification

The process a court goes through in deciding whether a case will be permitted to proceed as a class action.

● Certification Hearing

A court hearing where the judge hears arguments as to whether a case should be "certified" (allowed to proceed as a class action). Occasionally, testimony or evidence is presented at such hearings.

● Class Counsel

An attorney or group of attorneys appointed by the court to provide legal representation to the group of class members.

● Class Representative

A person named in the complaint as the plaintiff (the person doing the suing) and who has been determined by the court to be a legally "adequate" person to represent the interests of the class.

● Clear Sailing Agreement

An agreement made between counsel for plaintiffs and defendants during or after a settlement negotiations on the claims of a class whereby the defendant agrees not to object to a fee request of the counsel representing the plaintiff class.

● Collusion

An improper agreement, usually describing an agreement between the plaintiff and the defendant.

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Accutane Class Action & Accutane Lawsuits Common class action litigation legal terms and meanings

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