Class Certification

Class certification is a court's decision that a lawsuit may proceed on behalf of a defined group of people with common claims. Whether a class is certified often determines the value and the settlement posture of the case.

The court examines whether the claims share common questions, whether the representative plaintiffs are typical and whether a class action is the superior way to proceed. A grant raises the stakes for the defendant and usually raises settlement pressure.

A denial can end the case's economic viability. For a funder in a class or collective matter, certification is therefore one of the most consequential single events in the position's life.

Class certification is not a ruling on the merits. It decides the form in which the case will be litigated.