If you were injured or suffered losses because of a company, product or negligent conduct that has also affected dozens or hundreds of others, you might be considering filing a class action lawsuit. When pursuing this path, there are a few requirements you should know.
There is no magic number required
Many people assume that class actions require a specific headcount, like 50 or 100 plaintiffs, before they can file a suit. However, federal law does not set a minimum number of people needed to do so.
Instead, North Dakota courts generally require that the class be “so numerous that joinder of all members is impracticable.” This means the focus is on whether it would be realistic to bring everyone together in one case.
Courts often find that 40 or more class members satisfy this requirement, but that is a guideline rather than a hard rule. In some cases, judges have certified classes with fewer than 40 members when other factors supported the decision.
Key requirements for a class action
To qualify for class certification, a case needs to meet the following criteria:
- Numerosity: The group must be so large that filing individual lawsuits for every member would be practically impossible.
- Commonality: The group must share common legal or factual questions, such as ‘Was the product defective?’, even if individual damages differ.
- Typicality: Your claims must be similar to the claims of other potential class members.
- Adequacy: The lead plaintiff and their legal team must be capable of representing the entire class.
These requirements exist because collective litigation allows one or a few plaintiffs to represent an entire group. The court needs to ensure that this arrangement is fair to everyone involved.
Other factors the courts will consider
Geographic spread is one consideration courts often evaluate. If potential plaintiffs reside across North Dakota or multiple states, individual lawsuits become less practical. Under these circumstances, a class action can provide a more efficient path to resolution in these circumstances.
The size of individual claims also matters. When each person’s damages are relatively small, class actions allow members to pool their resources rather than pursuing individual lawsuits that might not make financial sense.