What Is Typicality?

Typicality is the Rule 23(a) requirement that the claims or defenses of the class representatives be typical of the claims or defenses of the class. In plain terms, the people leading the case must have been harmed in the same basic way, by the same conduct, as everyone else.

Why it matters when you file a claim

You likely won't ever meet the class representatives, but typicality is one of the safeguards that protects you. If the representatives' claims track yours, then in pursuing their own case they are also pursuing yours. That alignment is a big part of why a settlement negotiated by a few people can fairly bind many.

A simple example

In a case about a defective appliance part, a representative who bought the same model and experienced the same failure has a typical claim. A representative who bought a different model with a different part, or who also has a unique dispute with the company, might not, because the defendant could raise defenses that apply only to that person.

What can undermine typicality

• ✓The representative's claim rests on a different legal theory from the class.
• ✓The representative faces a unique defense, such as having signed a separate release.
• ✓The representative's experience is unusual compared with most class members.

Why typicality protects absent class members

Most class members never appear in court, never give evidence and never speak to the lawyers. They are what courts call absent class members. Typicality is one of the reasons their claims can be resolved without them. When the representatives have the same kind of claim, the arguments they make and the evidence they gather apply to everyone. If their claims were different, absent class members could end up bound by a result that didn't reflect their situation.

How it relates to other terms

Typicality overlaps heavily with commonality and adequacy of representation. Courts often discuss them together. It focuses on the lead plaintiff or class representative, while commonality focuses on the class as a whole. When a class has groups with different claims, courts may create subclasses, each with its own typical representative.

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