Driven Brands class action lawsuit: an authoritative guide on the general requirements for class certification

If you suffered losses Driven Brands stock, contact Driven Branks stock loss lawyer Timothy L. Miles about a Driven Brands class action lawsuit

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Call Driven Brands stock loss lawyer Timothy L. Miles today about a Driven Brands class action lawsuit

​If you are considering filing a class action lawsuit, it is essential to understand the requirements for class certification. Class certification is a critical step in the legal process, determining whether a case can proceed as a class action or not. In this article, we will break down the Rule 23 requirements that every class action must meet to pass the certification stage. 

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Ascertainability: Clearly Defining the Proposed Class

One of the implicit requirements for class actions plaintiffs will have to show in the Driven Brands class action lawsuit, is "ascertainability." The proposed class, representing the group of people the case aims to cover, must have a clear and objective definition. The court needs to be able to identify class members using specific criteria without individualized inquiries. For example, a class definition could include individuals who purchased a particular product within a specific timeframe in the United States. Additionally, it's crucial that identifying class members is administratively feasible. If it is too challenging to identify individual class members, the court may deny certification. This should not pose a problem in the Driven Brands class action lawsuit​ as a company's directors are required to update the shareholder register on an ongoing basis and ensure that every current shareholder is recorded in the register.  Thus, ascertaining the class in the Driven Brands class action lawsuit​ should not pose a barrier to certification.

Numerosity: Adequate Number of Class Members

To qualify as a class action, the proposed class must be so numerous that including all members in one lawsuit would be impracticable. While some courts consider a class with at least 40 people as numerous enough, other factors like geographical location, identification ease, and the size and nature of the claims are also considered. The purpose of numerosity is to determine whether it more appropriate for a few representatives to represent the entire group, making a class action necessary. This will not be a problem in the Driven Brands class action lawsuit​ as most courts presume the numerosity requirement to be satisfied in the case of publicly traded companies.

Commonality: Shared Questions of Law or Fact

Another requirement for class certification is commonality. The class members' claims must be based on common questions of law or fact. This means that the class members need to have experienced a similar injury that resulted from a common cause. For example, in a class action alleging violations of the Telephone Consumer Protection Act (TCPA), common questions would involve whether the defendant placed prerecorded calls to consumers' phones without obtaining consent and whether the conduct violated the TCPA. Resolving these common questions should help address the class members' issues collectively. This too should not pose a problem in the Driven Brands class action lawsuit​ as all shareholders were damaged by the same course of conduct. Thus, questions of both law and fact will be common to all proposed class members.

Typicality: Representative's Claims Reflect the Class Members'

The class representative, the individual who files the lawsuit on behalf of the class, must show that their claims or defenses are typical of the class. This means that the representative's experience should align with the experiences of the class members, and they should not have unique defenses that could divert attention from the case. If the representative has information that others do not, such as a different statute of limitations or a unique defense, it may impact the typicality requirement. Again, this should not be a problem in the Driven Brands class action lawsuit, unless in the unlikely event the lead plaintiff is subject to a unique defense.  If that were the case, he would not have been appointed lead plaintiff in the Driven Brands class action lawsuit.

Adequacy: Fair and Adequate Representation

Rule 23 also requires that the class representative and their attorneys fairly and adequately protect the class's interests. The representative must be part of the class and have no conflicts of interest with the class members. Conflicts of interest can arise when class members seek different resolutions or if some class members benefit from the alleged conduct. Additionally, the court considers whether the plaintiff's attorneys are qualified, experienced, and capable of handling the litigation. The adequacy requirement ensures that the class's interests are properly represented.  This also should not be a problem in the Driven Brands class action lawsuit as if the lead plaintiff was inadequate, he would not have been appointed lead plaintiff in the first instance.

Additional Requirements for Different Types of Lawsuits

Rule 23 also requires that the class representative, or in the case of the Driven Brands class action lawsuit, the lead plaintiff and their attorneys fairly and adequately protect the class's interests. The representative must be part of the class and have no conflicts of interest with the class members. Conflicts of interest can arise when class members seek different resolutions or if some class members benefit from the alleged conduct. Additionally, the court considers whether the plaintiff's attorneys are qualified, experienced, and capable of handling the litigation. The adequacy requirement ensures that the class's interests are properly represented.​   Again, an inadequate plaintiff would not have been appointed lead plaintiff by the court at the lead plaintiff stage. 

Additional Requirements for Different Types of Lawsuits

In addition to the general requirements, Rule 23 stipulates additional conditions for specific categories of class actions. These requirements must also be met for the lawsuit to be certified. Let's explore these categories:

Lawsuits Seeking Individualized Damages

Most proposed class actions fall into this category including the Driven Brands class action lawsuit. If the lawsuit seeks individualized damages for the class members, two additional requirements must be met:

1. Predominance of Common Questions: The class members' common questions of law or fact must predominate over individual issues. The court must determine that the common issues are more impactful and significant than any individualized concerns. If extensive individualized inquiries are necessary to address each person's situation, class-wide relief may not be appropriate.
2. Superiority of Class Action: A class action must be deemed superior to other methods for resolving the conflict. Factors considered include whether individual actions would serve class members' interests better, the existence of other litigation, concentration feasibility in a particular court, and the manageability of the class action.

Absent some unusual circumstances, this requirement is typically met in securities class actions such as the Driven Brands class action lawsuit.

Lawsuits Seeking Injunctive or Declaratory Relief

Some class actions aim to obtain injunctive relief or declare the class members' rights regarding a specific matter. These cases do not seek individualized damages. To succeed, the defendant's actions or inactions must generally affect all class members, warranting a class-wide solution through injunctive relief or declaratory relief.  This provision is typically not relevant to securities class actions such as the Driven Brands class action lawsuit as they seek monetary damages and not injunctive relief in the vast majority of cases. 

Lawsuits Addressing Potential Inconsistency or Individual Endangerment

A class action can proceed if there's a risk of inconsistent or differing rulings in separate lawsuits, resulting in incompatible standards of conduct for the defendant. This category also includes cases where a decision in an individual's case would jeopardize the interests of other potential class members. For instance, when limited funds are available to cover damages, a class action could ensure fair treatment for all.

Conclusion

Understanding the requirements for class certification is crucial when considering a class action lawsuit against Driven Brands. The ascertainability of the proposed class, numerosity, commonality, typicality, and adequacy of representation are essential factors in determining whether a case can proceed as a class action. Additionally, different types of lawsuits have specific requirements that must be met for certification.  That is particularly true in securities class actions where other issue are at play such as loss causation, but for our purposes today we dealt with only the general requirements under Rule 23 of the Federal Rules of Civil Procedure so you  have a basic understanding of how the class cortication procedure works.  

CONTACT A DRIVEN BRANDS STOCK LOSS LAWYER TODAY IF YOU SUFFERED LOSSES IN DRIVEN BRANDS STOCK ABOUT A DRIVEN BRANDS CLASS ACTION LAWSUIT

​If you suffered losses in Driven Brands stock, contact Driven Brands stock loss lawyer Timothy L. Miles today for a free case evaluation about a Driven Brands class action lawsuit. Call today and see what a Driven Brands stock loss lawyer could do for you if you suffered losses in Driven Brands stock.  The call is free and so is the fee unless we will or settle your case. 

Driven Brands stock loss lawyer Timothy L. Miles

Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors,  shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association,Class Action:  Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019); a Top Rated Litigator by Martindale-Hubbell® and ALM  (2019-2022); Americas Most Honored Lawyers 2020 – Top 1% by America's Most Honored (2020-2022).  Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more.  Please visit our website or call for free anytime.

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