Class Action Checklist

Before bringing a class action, a lawyer should at least consider the following factors:

1. What is the amount in controversy for the individual plaintiff? [It should not be so large that individual actions are superior or so small that notice is not feasible]

2. What is the amount in controversy for the entire class?

3. Will the class members be identifiable?

4. How expensive will it be to send notice?

5. What statute or common law rule was violated classwide?

6. As a matter of fairness and common sense, do we care that the rule was violated?

7. What individual issues exist, such as reliance?

8. Are there differences in damages that make the class not viable?

9. Is the defendant collectable?

10. Will the Defendant settle the matter or will it fight to the death over a core business issue?

11. What publicity can be garnered and is it good or bad?

12. Is there competition from other class actions and how much will there be?

13. Have similar cases been tried elsewhere, and if so, with what result?

14. Is this a good class plaintiff and can others be found if need be?

15. What are the risks for the individual client vs the benefits?

16. How much time will the case take?

17. Is there an arbitration clause?

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