What is a Class Action Lawsuit?

Written by Cooper and Friedman on June 9, 2026

Key Takeaways:

A class action lawsuit is a type of civil lawsuit that a group brings to court, rather than an individual.
A class action lawsuit has more requirements than a traditional lawsuit does in order to make it to court as a class action.
Common class action cases revolve around illegal or discriminatory workplace or hiring practices, defective products or drugs, harmful environmental conditions, and consumer fraud.

The term ‘class action lawsuit’ is one that you hear on the news a lot. Perhaps you’ve even been contacted about how you may qualify for one. If nothing else, you’ll probably recognize it from the commercials on TV for mesothelioma or Round-Up. According to Harvard Law School, the definition of a class action is, “a civil lawsuit brought on behalf of many similarly situated people who have been harmed in the same way by the same entity.”

It is an exception to the general rule that lawsuits may only be brought on behalf of named parties. In a class action lawsuit, there only needs to be one or more “named plaintiffs” to sue an entity and represent a larger group of “unnamed” plaintiffs.

What is Required for a Class Action Lawsuit?

According to an overview of class action lawsuits published by the Library of Congress, before a party can bring a class action lawsuit to court, it must be determined by the court that it meets the requirements as outlined in Rules 23(a) and (b) of the Federal Rules of Civil Procedure. The plaintiffs must establish that the lawsuit meets the requirement, and then the court performs an analysis to accept or reject the class action claim. These requirements are to:

#1. Meet each of the four prerequisites listed in Rule 23(a):

Numerosity—Rule 23(a)(1).
1. The proposed class must be so large that it would be “impracticable” for all the class members to be joined in a single proceeding. There is not a strict numerical cutoff, but courts have observed that a class of more than 40 members generally satisfies the numerosity requirement.
Commonality—Rule 23(a)(2).
1. There must be “questions of law or fact common to the class.” The Supreme Court has explained that commonality requires that the class members “have suffered the same injury” and that there is at least one common question central to the claims and “apt to drive the resolution of the litigation.”
Typicality—Rule 23(a)(3).
1. The “claims or defenses of the representative parties” must be “typical of the claims or defenses of the class.” This helps ensure that the class representatives’ interests are aligned with the whole class by requiring sufficient similarity between the legal and factual bases of their claims.
Adequacy of Representation—Rule 23(a)(4).
1. The named plaintiff(s) must show that “the representative parties will fairly and adequately protect the interests of the class.” This rule focuses on potential conflicts of interest between the representative parties and the other class members, as well as on class counsel’s competency and potential conflicts of interest.

#2. Fall into at least one of the categories of class actions permitted under Rule 23(b):

Rule 23(b)(1), which permits class actions where:
1. separate lawsuits would risk “inconsistent or varying adjudications” that impose “incompatible standards of conduct for the party opposing the class” (Rule 23(b)(1)(A))
  1. Example: A class action by landowners alleging trespass against a defendant claiming to have a right to use their land.
2. would “as a practical matter be dispositive of the interests” of absent class members or “substantially impair or impede their ability to protect their interests” (Rule 23(b)(1)(B)).
  1. Example: A class action in which many plaintiffs claim entitlement to proceeds from a limited fund that is not sufficient to cover all their claims.
Rule 23(b)(2), which permits class actions for injunctive or declaratory relief where “the party opposing the class has acted or refused to act on grounds that apply generally to the class” as a whole.
1. Example: Civil rights class actions against defendants alleged to have engaged in class-based discrimination.
Rule 23(b)(3), which permits class actions in which “questions of law or fact common to class members predominate over any questions affecting only individual members,” and proceeding as a class action “is superior to other available methods for fairly and efficiently adjudicating the controversy.”
1. Example: Any lawsuit seeking money damages.
2. This is the most common type of class action.
3. Rule 23(b)(3)’s “predominance” requirement focuses on whether the proposed class is “sufficiently cohesive” to ensure that litigating on a representative basis will be beneficial.
4. The “superiority” requirement focuses on comparing the advantages and disadvantages of proceeding as a class action to other types of litigation the class members could pursue.
5. Additionally, unlike class actions under Rules 23(b)(1) and (2), class actions under Rule 23(b)(3) require providing notice to absent class members, and class members have the right to affirmatively opt out of the class action if they choose.

Frequently Asked Questions About Class Action Lawsuits:

Why would someone seek a class action lawsuit instead of an individual lawsuit?
1. Reasons that an individual might seek a class action lawsuit can include:
  1. if they do not have the resources to sue an entity on their own,
  2. to allow courts and parties to avoid time and resources spent on duplicate cases, or
  3. to justify seeking litigation for a lawsuit that wouldn’t have merit for an individual, but would for a group.
What are common cases for a class action lawsuit?
1. The most common class action lawsuits revolve around topics that affect a large number of people in a similar way, such as:
  1. Product liability claims
  2. Consumer fraud
  3. Data breach claims
  4. Defective drugs and medical devices
  5. Civil rights violations
  6. Employment wage and hour violations
How much money do plaintiffs receive from class action lawsuits?
1. The payout for a class action lawsuit is dependent on several factors, like the settlement amount, the number of people in the lawsuit plaintiff party, and lawyer fees. No class action lawsuit is the same, and they are not dependent on each individual plaintiff’s situation, but the common claim of the class. So, if your situation calls for more compensation than you think you’ll receive in a class action lawsuit, consider calling a lawyer for an individual case.

If you or someone you love has been injured in the State of Kentucky and are in need of an experienced injury attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of injury victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.