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.

| # | Section | Content |
|---|---------|---------|
| I | Introduction | 2–3 ¶¶: parties, wrongdoing summary, class-wide harm |
| II | Parties | Named plaintiff standing + defendant corporate details |
| III | Jurisdiction & Venue | Statutory basis, amount in controversy, CAFA threshold ($5M+, 100+ members, minimal diversity) |
| IV | Factual Allegations | Chronological narrative with dates, amounts, document quotes |
| V | Class Allegations | Rule 23(a) + 23(b) elements per checklist below |
| VI | Causes of Action | Each count as separate section |
| VII | Prayer for Relief | Itemized demands |

## 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).

| Category | Typical Theories |
|----------|-----------------|
| Consumer | State UDAP, TILA, FCRA, TCPA |
| Securities | Securities Act §§ 11, 12; Exchange Act § 10(b)/Rule 10b-5; PSLRA |
| Antitrust | Sherman Act §§ 1–2; Clayton Act § 4 |
| Employment | FLSA § 216(b), Title VII, state wage/hour |
| Common law | Breach of contract, fraud, negligence, unjust enrichment |

## 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.