what does putative class mean?

The putative class are individuals believed to be the class members once the court certifies the case as a class action

In the legal world, the term "putative class" refers to a group of individuals who are potentially eligible to be part of a class action lawsuit. The term "putative" is derived from Latin and means "supposed" or "alleged." Therefore, a putative class is a group of individuals who are alleged to share similar legal claims against a defendant. 

In order for a putative class to be recognized as an actual class, certain criteria must be met. First, the claims of the putative class members must be similar enough that they can be efficiently and fairly litigated as a group. This means that there must be common legal issues that can be resolved through a class action rather than individual lawsuits. Additionally, the putative class must be large enough that it would be impractical for each member to bring an individual lawsuit.

Once a putative class is established, the court will determine whether it should be certified as a class action. This involves evaluating whether the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. These requirements include factors such as numerosity (the class is so large that joinder of all members is impractical), commonality (there are common questions of law or fact), typicality (the claims of the representative plaintiffs are typical of the class), and adequacy of representation (the representative plaintiffs will fairly and adequately protect the interests of the class).

If the court certifies the putative class as a class action, it means that all members of the putative class will be bound by the outcome of the lawsuit, unless they choose to opt out. This allows for more efficient resolution of similar legal claims, as it avoids multiple lawsuits with potentially inconsistent outcomes. It also provides individuals with smaller claims access to justice, as they can join together with others who have similar claims and leverage their collective strength against a defendant.

In conclusion, a putative class refers to a group of individuals who are potentially eligible to be part of a class action lawsuit. It is a term used in the legal field to describe a group of individuals who are alleged to share similar legal claims against a defendant. Once established, a putative class may be certified as a class action if certain criteria are met, allowing for more efficient resolution of similar legal claims and access to justice for individuals with smaller claims.

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The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
Phone: (855) 846–6529
​Email: [email protected]
 

timothy l. miles, esq.

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); America’s 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.

CONTACT                                                      
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
​​Phone: (855) 846-6529
​Email: [email protected]