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 New Jersey, class action lawsuits are governed by the New Jersey Court Rules, specifically Rule 4:32, which mirrors the Federal Rule of Civil Procedure 23. This rule allows one or more plaintiffs to represent a larger group, or 'class,' 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 court must find that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. Class actions in New Jersey can be brought for various reasons, including consumer fraud, corporate misconduct, or environmental litigation. The New Jersey Consumer Fraud Act is a notable statute that often underlies class action suits in the state. Before proceeding, a court must certify the class, which is a critical stage of the litigation. If certified, the lawsuit will address common issues for all class members, with the outcome affecting all members of the certified class.