Legal English. Class Action. History, Theory and Exercises. By Tomas Costanzo. Seminario de ingles juridico I, II y III. 2020

1. Class action lawsuit
Prof. Tomás M. Costanzo
Seminario de Inglés Jurídico
Universidad Católica de Cuyo

2. 2
What is a class action?
A class action is a legal proceeding in which one or several
plaintiffs bring a lawsuit on behalf of a larger group, known as the
class (Investopedia)
The judgment arisen from the suit covers all members of the class
The penalties paid by the defendant are divided up among class
members.

3. 3
Types of class actions
Securities litigations Civil rights proceedings
School funding Consumer product liability cases

4. History of class actions in the UK
The antecedent of the class action is known as “group litigation”,
which was very common in Britain from 1200 onward. These
lawsuits involved groups of people either suing or being sued in
actions at common law.
These groups were usually based on existing societal structures
From 1400 to 1700, it gradually
switched to being the norm in England
to the exception.
Eventually, group
litigation was esentially
dead, in England, after
1850.

5. History of class action in the US
5
It was first introduced by court justice Joseph Story
This concept was further cemented by U.S Federal Equity Rules up
until 1938
In 1842, the State enacted rule 48, which stablished the mínimum of
plaintiffs required to file a class action lawsuit.
Since 1938, class actions have been governed under Rule 23 of
the Federal Rules of Civil Procedure.
In 1966, Rule 23 was revised, giving class members the ability to opt out
of an action (Thus retaining their right to file an individual lawsuit).

6. 6
Advantages Disadvantages
-It can enable litigation to proceed more expeditiously
and cost-effectively, particularly in cases against large
corporations
-It may give individuals a greater chance of succesfully
pursuing their claims against a defendant
- It may avoid the need of repeating
“days of witnesses exhíbits and issues
from trial to trial.
-It ensures that a defendant who engages in widespread
harn, against each individual plaintiff, must compensate
those individuals for their injuries
-A class action centralizes all claims into one venue
where a court can equitably divide the assets amongst
all plaintiffs ( if they win the case).
*Class members often receive little or no benefit from
class actions.
-Plaintiffs relinquish control over the case. Instead
The chosen representative, along with their lawyer,
decide how to proceed. Which may not be to the liking
of all members.
• The rewards may be unsatisfyng to those who were
more seriously affected.

7. Activity
▫ The oldest form of class action lawsuit dates as far back as
the X century.
▫ A class action lawsuit has a maximum number of plaintiffs
allowed.
▫ In the US, class action have been governed by Rule 23.
▫ In the UK, class actions are a very common form of lawsuit.
▫ In a class action, plaintiffs have absolute control of the case.
▫ Class actions are predominantly a U.S. phenomenom.
▫ Only English speaking countries allow class action lawsuits
▫ Say whether the following statements are True or False, or It
doesn’t say so
7
F
It doesnt say
so
T
It doesn’t say so
F
T
It doesn’t
say so

8. Listening activity: What is a class action?
▫ You’re going to listen to a man explaining the features of class actions.
Listen carefully and fill in the gaps and answer the questions:
8
*Most class actions are brought by ___________ but you can also have a
class of _____________
*The representative is called the _________________________
*Which are the elements required to bring a class action lawsuit?
__________________________________________________________________________
plaintiffs
defendants
lead plaintiff
Numerosity Commonality

9. Listening
9
▫ You’re going to listen to a man explaining the features of class actions.
Listen carefully and fill in the gaps and answer the questions:
*Commonality means
___________________________________________________________________
*At certain points in the case the class action members can
_________________________________________________________________
*Numerosity means
____________________________________________________________________________We have too many people for it to be practical to be one lawsuit
The members of the class action have at least one question of law and fact
Opt out so that they can pursue their cases individually

10. 10
Thanks!Any questions?