Class Action Complaint

Class Action Complaint

Drafts a court-ready class action complaint that survives a 12(b)(6) motion and lays the groundwork for Rule 23 certification.

Prerequisites

Collect before drafting:

1. Named plaintiff facts — individual harm, standing, timeline, no conflicts with putative class
2. Defendant identification — corporate structure, registered agents, principal place of business
3. Class-wide conduct — documents/policies/data showing systematic wrongdoing
4. Proposed class definition — objective inclusion/exclusion criteria
5. Jurisdictional basis — federal question (§ 1331), CAFA (§ 1332(d)), or state court
6. Case files — contracts, correspondence, expert reports, damages data

Complaint Structure

Caption: Court name/division; "[Named Plaintiff], on behalf of [himself/herself/themselves] and all others similarly situated"; defendant(s); "CLASS ACTION COMPLAINT"; jury demand if applicable.

Rule 23 Checklist

Draft each element as a subsection with factual support.

23(a) — All four required

• Numerosity — Joinder impracticable. Allege estimated size with evidentiary basis. Generally 40+ suffices.
• Commonality — Common questions of law/fact driven by defendant's uniform conduct. Per Wal-Mart v. Dukes, 564 U.S. 338 (2011): common contention whose resolution drives each member's claim.
• Typicality — Named plaintiff's claims arise from same conduct/theories as class. Flag unique defenses.
• Adequacy — No conflicts with class; qualified class counsel with relevant experience.

23(b) — At least one required

• (b)(1) — Separate actions risk incompatible standards or impair other members' interests.
• (b)(2) — Defendant acted on grounds generally applicable to class; injunctive/declaratory relief appropriate.
• (b)(3) Predominance — Common questions predominate. Address individual issues (reliance, damages variation) and explain why they don't defeat predominance.
• (b)(3) Superiority — Class action superior to alternatives. Address: member control interest, existing litigation, forum desirability, manageability.

Class Definition Template

All [persons/entities] in [geographic scope] who [purchased/used/were subjected to] [product/service/practice] [from/by] [Defendant] during the period [start date] through [end date/present] [excluding Defendant's officers, directors, employees, and their immediate families; judicial officers assigned to this case; and persons who timely opt out].

Definition must use objective, administratively feasible criteria — neither overbroad nor unduly restrictive — identifiable from defendant's records or objective evidence.

Causes of Action

Per count: (1) incorporate prior ¶¶ by reference, (2) statutory/common law basis with citation, (3) defendant's violating conduct, (4) element-by-element allegations, (5) class-wide harm and causation, (6) damages type (actual, statutory, treble, punitive).

Prayer for Relief

Include: (1) class certification + named plaintiff as representative, (2) appointment of class counsel, (3) declaratory relief, (4) injunctive relief, (5) compensatory damages, (6) statutory/treble/punitive damages with statutory basis, (7) restitution/disgorgement, (8) pre- and post-judgment interest, (9) attorneys' fees and costs with fee-shifting cite, (10) catch-all "such other relief as the Court deems just."

Pitfalls and Checks

• Use numbered paragraphs throughout the complaint body.
• Use "upon information and belief" only with stated factual basis for allegations outside plaintiff's personal knowledge.
• Cite documents, dates, dollar amounts — never bare legal conclusions.
• Securities fraud: Meet PSLRA heightened pleading — allege each misleading statement with particularity and strong inference of scienter.
• Fraud claims: Meet Rule 9(b) — who, what, when, where, how.
• Ascertainability: In Third Circuit and similar courts, allege class members identifiable through objective criteria and feasible mechanism.
• Standing: Named plaintiff must have Article III standing for each claim and each form of relief.
• Conform to filing court's local rules (margins, font, spacing, page limits, ECF).
• Never allege certification is "certain" — allege supporting facts and request certification in the prayer.