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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - class representative
Definition of class representative
A class representative is an individual who acts on behalf of a larger group of people (known as the "class") in a class action lawsuit. This person, sometimes called a "named plaintiff" or "lead plaintiff," has experienced the same or a very similar type of harm as the rest of the class members. Their primary role is to pursue the lawsuit, make key decisions about the case, and ensure that the interests of all class members are fairly and adequately represented, even though those class members are not individually named in the legal filing. The court must approve the class representative, confirming their ability to protect the interests of the entire class.
Example 1 (Consumer Product Defect): Sarah purchased a new smart television that, due to a widespread software glitch, frequently froze and became unresponsive. She discovered through online forums that thousands of other customers who bought the same model experienced identical issues.
Explanation: Sarah could become the class representative in a class action lawsuit against the television manufacturer. She would represent all other customers who purchased the defective television, seeking compensation for the faulty product and the inconvenience caused. Her individual claim is typical of the claims of the entire group of affected consumers.
Example 2 (Unpaid Wages): Michael, a delivery driver for a large logistics company, realized that he and many of his colleagues were routinely denied overtime pay for hours worked beyond 40 per week, despite company policy and labor laws requiring it.
Explanation: Michael could step forward as the class representative for a class action lawsuit alleging wage theft. In this role, he would represent all delivery drivers who were similarly denied overtime pay, advocating for their collective right to fair compensation and seeking back wages for the entire group of employees.
Example 3 (Securities Fraud): Investors who bought shares in a particular pharmaceutical company saw their investments plummet after it was revealed that the company had knowingly misrepresented the efficacy of its new drug in clinical trials. Emily, who lost a significant amount of money, decided to take legal action.
Explanation: Emily could serve as the class representative in a class action lawsuit against the pharmaceutical company for securities fraud. She would represent all other investors who purchased shares during the period of misrepresentation and suffered financial losses, seeking to recover damages on behalf of the entire group of defrauded shareholders.
Simple Definition
A class representative is an individual who files a class action lawsuit on behalf of themselves and a larger group of people. They are authorized by the court to represent the interests of this entire "class" of individuals who have similar legal claims.