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 Mississippi, class action lawsuits are governed by the Mississippi Rules of Civil Procedure, specifically Rule 23, which is similar to the Federal Rule of Civil Procedure 23. This rule allows one or more plaintiffs to file a lawsuit on behalf of a larger group, or 'class', provided that 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 Mississippi are used to increase the efficiency of the legal process by resolving widespread issues in a single case rather than through multiple lawsuits. They are commonly employed in cases involving consumer fraud, corporate misconduct, securities fraud, and mass torts. Before a class action can proceed, the court must certify the class, ensuring that the aforementioned requirements are met.