United States - Economist's Perspective (2023/2024): Class Actions – Litigation, Policy and Latest Developments

For a matter to proceed as a class action in the United States, it first must be certified per the criteria listed in Rule 23 of the Federal Rules of Civil Procedure. Namely, a class must satisfy all criteria of Rule 23(a) and any one of the criteria listed in Rule 23(b). Although these criteria are questions of law ultimately answered by the trier of fact, expert economic analysis often is required to determine whether the proposed class in fact satisfies those criteria.

Read the full country overview from Noureen Akber, Jeffrey Klenk, and Michael McDonald in Global Competition Review’s Class Actions Hub.