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Civil litigation

class actions

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 Maine, class action lawsuits are governed by the Maine Rules of Civil Procedure, Rule 23, which is similar to the Federal Rule of Civil Procedure 23. This rule allows one or more plaintiffs to represent a larger group, or class, of individuals in a lawsuit if the class is so numerous that individual lawsuits would be impractical, 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. Class actions in Maine are used to address issues such as consumer fraud, corporate misconduct, and other situations where many individuals have been harmed in a similar way by the same defendant or defendants. The court must certify the class for the case to proceed as a class action, and class members are typically notified and given an opportunity to opt out of the class. If the case is successful, the court will oversee the distribution of any awarded damages or settlement to class members.

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Civil litigation

class actions

Individual & Family Legal Plan

Articles

Maine State Code

Civil litigation

class actions

Maine State Code

Articles