Absent Class Member:A person who by the class definition is a class member but is not actually named in the complaint and does not generally actively participate in the litigation.
Adequacy: A term used in determining whether class members are receiving proper legal representation by class counsel and the named class representative.
Certification: The process a court goes through in deciding whether a case will be permitted to proceed as a class action.
Certification Hearing: A court hearing where the judge hears arguments as to whether a case should be "certified" (allowed to proceed as a class action). Occasionally,testimony orevidence is presented at such hearings.
Class Counsel: An attorney or group of attorneys appointed by the court to provide legal representation to the group of class members.
Class Representative: A person named in the complaint as the plaintiff (the person doing the suing) and who has been determined by the court to be a legally "adequate" person to represent the interests of the class.
Collusion: An improper agreement, usually describing an agreement between the plaintiff and the defendant.
Commonality: Some common material fact or question of law that is common to all potential class members.
Common Fund Class: An action whereby the intended purpose of the case is to create a cash fund to be divided among the class members and from which class counsel's fees and expenses can be paid.
Compensatory Class: A class action proceeding under Federal Civil Procedure Rule 23(b)(3) wherein money damages are sought for the class members.
De-certification: An action taken by the court to reverse a previous decision which permitted a case to proceed as a class action.
Defendant: The person being sued in a lawsuit.
Request: A document filed with the court indicating that a class member doesn’t want to participate in pending litigation.
Fairness Hearing: A court hearing where the court evaluates the "fairness" of a proposed settlement and hears any objections to the proposed settlement.
Injunctive Relief Class Action: A lawsuit filed for the purpose of getting an order from the court directing a person to do or to stop doing a certain act.
Intervene: When someone who is not a named party to the litigation seeks court approval to join in the suit as a named party.
Lead Counsel: An attorney approved by the court to be responsible for overseeing all aspects of the litigation for a party, usually the plaintiff.
Liaison Counsel: An attorney responsible for easing communications between the parties and the court in complex litigation.
Limited Fund Class: A class action where the assets of a defendant are inadequate to fully compensate all of the class members and the court is asked to distribute the funds received.
Lodestar: A term used in connection with an award of attorneys’ fees made by a court which is based on time spent on the case and an hourly fee.
Notice: A court-ordered document informing class members of the nature of the proceedings and their rights and responsibilities in the litigation.
Objector: An individual who opposes some aspect of the proposed settlement of a class action.
Representative Plaintiff: A person who is actually named in a class action complaint as the plaintiff in the litigation, as contrasted with "absent" class members who are not individually named.
Publication: Publishing a court-approved notice of class action in the newspapers or through television or radio ads.
Steering Committee: A group of lawyers representing a party, usually the plaintiffs, who collectively meet, assign work, and make strategic decisions in complex litigation. Often Lead Counsel oversees or heads this committee.