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What Types of Class
Actions Are There?

Virtually all class actions involve money damages. Some cases concern issues where a fund of money made available to vicitims is inadequate to fully compenate all of the class members. Other cases involve injunctive relief whereby the victims are seeking that the court enforce or prevent the defendant from performing a certain act. For example, a court might enjoin a local police activity that could be considered unconstitutional. At other times, a declaratory judgment is sought where the class representatives seek the court's decision in clarifying the exact rights and obligations of each party.

Let's look at what constitutes being a member of a "class... This definition and update from TheLaw.com says "The first step before a court certifies class actions involves an investigation and conclusion that there are too many class members to each be named an individual party in a lawsuit.

The case has common facts or legal elements within which it makes sense for the court to efficiently adjudicate the matter in one hearing. Typically class members are given "notice" and considered part of the action unless they choose not to participate and "opt out" of the action.

The Court can be your advocate.

This notice is sent in cases concerning money damages and there will usually be information and instructions about what to do in order to participate or opt out of the action. Individuals who opt out may hire their own lawyers and pursue a private action or seek to "intervene" and participate in the class action individually. If a member does not opt out of the action, the member may then be bound by the court's decision. Notice may not be required when a class action involves injuctive or declaratory relief."

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