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 York, class actions are governed by Article 9 of the New York Civil Practice Law and Rules (CPLR). This statute allows one or more plaintiffs to sue on behalf of a larger group, or 'class,' provided that 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 a class action is superior to other available methods for the fair and efficient adjudication of the controversy. Federal class actions, on the other hand, are governed by Rule 23 of the Federal Rules of Civil Procedure, which has similar requirements for certifying a class. Plaintiffs in New York can file class actions in either state or federal court, depending on the specifics of the case, including the nature of the claims, the diversity of the parties, and the amount in controversy.