What Do I Need to Show to Bring a Class Action in Massachusetts?

You have likely heard that some legal claims may be brought in a format called a “class action,” in which certain named individuals bring a lawsuit on behalf of a large number of people who all have similar claims against a defendant.  There are certain criteria that must be met, however, before a group of plaintiffs can be certified as a class.  Those criteria include the following:

1. Numerosity: the plaintiffs must show that the class is so numerous that joining all of the individual members in the litigation is impracticable.
2. Commonality: the plaintiffs must show that there are questions of law or fact that are common to the class.
3. Typicality:  the plaintiffs must show that their individual claims or defenses are typical of the claims or defenses of the class.
4. Adequacy:  the plaintiffs must show that they will fairly and adequately protect the interests of the class.
5. Predominance:  the plaintiffs must show that the questions of law or fact that are common to the members of the class predominate over any questions that affect only individual members.
6. Superiority:  the plaintiffs must show that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

If a court allows a case to proceed as a class action, the parties will need to obtain court approval in order to dismiss or settle the case.