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 Kentucky, class action lawsuits are governed by the Kentucky Rules of Civil Procedure, specifically Rule 23, which is similar to Rule 23 of the Federal Rules of Civil Procedure. These rules allow one or more plaintiffs to represent a larger group of individuals, known as a class, in a single lawsuit if certain criteria are met. The criteria include having a large number of people with similar legal claims, common questions of law or fact, representative plaintiffs with claims typical of the class, and a representative plaintiff who can fairly and adequately protect the interests of the class. Class actions are designed to provide an efficient and economical way to resolve claims that are too numerous to be handled individually, and they ensure that similarly situated plaintiffs receive consistent treatment. In both state and federal courts, a judge must certify a lawsuit as a class action before it can proceed as such. Once certified, class members are notified and given an opportunity to opt out of the class. If the case is successful, any settlement or judgment is divided among the class members according to a court-approved plan.