A class action is a type of lawsuit in which one or a few plaintiffs seek to represent hundreds or thousands of plaintiffs with the same or similar claims against the same defendants. Rules of procedure in state and federal courts permit class actions in limited circumstances for the purpose of resolving similar disputes more efficiently than if each plaintiff filed a separate lawsuit.
In Texas, class action lawsuits are governed by both state and federal law, depending on the jurisdiction of the case. Under Texas Rule of Civil Procedure 42, a class action can be certified if the class is so numerous that individual joinder of all members is impracticable, there are questions of law or fact common to the class, the claims or defenses of the representative parties are typical of the claims or defenses of the class, and the representative parties will fairly and adequately protect the interests of the class. Additionally, the class action must be an appropriate method for the fair and efficient adjudication of the controversy. Federal class actions in Texas follow the Federal Rules of Civil Procedure Rule 23, which has similar requirements for certification. These rules are designed to ensure that class actions are used in situations where they can provide a more efficient and just resolution than individual lawsuits. It is important for plaintiffs to seek advice from an attorney experienced in class action litigation to navigate the complexities of class certification and to effectively represent the interests of the class.
