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Class Action Glossary > > >  General Legal   ADA    Franchise    Class Action    Business    Corporate    Employment    Entertainment    Intellectual Property    Internet    Litigation    Real Estate    A  |   B  |   C  |   D  |   E  |   F  |   G  |   H  |   I  |   J  |   K  |   L  |   M  |   N  |   O  |   P  |   Q-R  |   S  |   T  |   U-V  |   W-Z  |   A 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: In the context of determining whether the class is receiving proper legal representation by class counsel and the name class representative. Back to Top B Back to Top C Certification: The judicial process where a court determines if a case should proceed as class action. Certification Hearing: A hearing, held by the court, where both parties argue for or against the class action status of a case. Class Counsel: Attorney or group of attorneys appointed by the court to represent the plaintiff case. Class Representative: A person name in the complaint as the plaintiff, who the court has deemed adequate to represent the class. Class Sailing Agreement: Agreement made between counsel for plaintiffs and defendants during and/or after a settlement negotiations on the claims. They defendant agrees to not object to a fee request for plaintiff's attorney. Collusion: Improper agreement between the plaintiff and defendant. Common Fund Class: Action where the purpose of the case is to create a cash fund to be divided by those in the class. Compensatory Class: Class action proceeding where money damages are sought for the class members. Back to Top D Decertification: Action taken by thecourt to reverse the previous decision regarding class status. Declaratory Judgment Class: Action where the primary focus of the case to get the court to declare the rights and/or obligations of the parties in the case. Back to Top E Exclusion Request: Document filed with court indicating a class member does not want to participate or be included in the action. Back to Top F Fairness Hearing: Court hearing where the "fairness" of a settlement is evaluated by the court. Back to Top G Back to Top H Back to Top I Injunctive Relief Class: Lawsuit filed where the focus is to get an order by court directing a person to do or not do an action. Interlocutory Appeal: Process where a pending case can be reviewed by the appeals court to determine if decision is wrong by lower court. Intervene: Action where one who is not named in suit seeks court approval to join. Back to Top J Back to Top K Back to Top L Lead Counsel: Attorney approved by court to be responsible for case oversight, for plaintiff. Liaison Counsel: Attorney responsible for facilitating communication between court and the parties, in complex litigation. Limited Fund Class: Class action where claim is made that assets of defendant is not sufficient to cover damages and court should allocate the distribution of any funds obtained. Lodestar: Attorney fees made by the court which is based on time spent on the case. Back to Top M Back to Top N Notice: Court ordered document, informs class members of the case, their rights, and responsibilities. Numerosity: Finding by the court that number of class members is too large to name individually or have active participations from. Back to Top O Opt-Out: Act where a class member elects to be excluded from a class proceeding. Objector: Individual who opposes some aspect of a proposed settlement. Back to Top P Publication: Publishing a court approved notice of class action in newspapers, etc. Back to Top Q-R Representative Plaintiff: Person actually name in the case as a plaintiff. Back to Top S Steering Committee: Group of lawyers representing a party collectively. Back to Top T Back to Top U-V Back to Top W-Z Back to Top

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