More In This Category
View Transcript
Columbia, SC personal injury attorney Graham Newman talks about the types of claims that are good candidates for class certification. He mentions that class actions require common questions of law and fact that apply equally to every member of the class. Because of this, cases involving the interpretation or application of contracts—such as insurance policies—are often well-suited for class action litigation. This is because the language of the policy remains identical for all purchasers.
Similarly, cases that focus on the application of statutes or written laws to groups of citizens may also serve as strong candidates for class action treatment. The critical factor, he notes, is ensuring that the answers to the central legal questions are uniform across all individuals involved. Once variations emerge in how the law applies to different members of the group, the challenge of certifying a class action increases significantly.