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:
- Named plaintiff facts — individual harm, standing, timeline, no conflicts with putative class
- Defendant identification — corporate structure, registered agents, principal place of business
- Class-wide conduct — documents/policies/data showing systematic wrongdoing
- Proposed class definition — objective inclusion/exclusion criteria
- Jurisdictional basis — federal question (§ 1331), CAFA (§ 1332(d)), or state court
- 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.
1---2name: class-action-complaint3description: Drafts federal or state class action complaints satisfying FRCP Rule 23 certification prerequisites. Use when filing class actions, representative plaintiff complaints, Rule 23 certification pleadings, or multi-party consumer/securities/antitrust actions.4license: Apache-2.05---67# Class Action Complaint89Drafts a court-ready class action complaint that survives a 12(b)(6) motion and lays the groundwork for Rule 23 certification.1011## Prerequisites1213Collect before drafting:14151. **Named plaintiff facts** — individual harm, standing, timeline, no conflicts with putative class162. **Defendant identification** — corporate structure, registered agents, principal place of business173. **Class-wide conduct** — documents/policies/data showing systematic wrongdoing184. **Proposed class definition** — objective inclusion/exclusion criteria195. **Jurisdictional basis** — federal question (§ 1331), CAFA (§ 1332(d)), or state court206. **Case files** — contracts, correspondence, expert reports, damages data2122## Complaint Structure2324**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.2526| # | Section | Content |27|---|---------|---------|28| I | Introduction | 2–3 ¶¶: parties, wrongdoing summary, class-wide harm |29| II | Parties | Named plaintiff standing + defendant corporate details |30| III | Jurisdiction & Venue | Statutory basis, amount in controversy, CAFA threshold ($5M+, 100+ members, minimal diversity) |31| IV | Factual Allegations | Chronological narrative with dates, amounts, document quotes |32| V | Class Allegations | Rule 23(a) + 23(b) elements per checklist below |33| VI | Causes of Action | Each count as separate section |34| VII | Prayer for Relief | Itemized demands |3536## Rule 23 Checklist3738Draft each element as a subsection with factual support.3940### 23(a) — All four required4142- **Numerosity** — Joinder impracticable. Allege estimated size with evidentiary basis. Generally 40+ suffices.43- **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.44- **Typicality** — Named plaintiff's claims arise from same conduct/theories as class. Flag unique defenses.45- **Adequacy** — No conflicts with class; qualified class counsel with relevant experience.4647### 23(b) — At least one required4849- **(b)(1)** — Separate actions risk incompatible standards or impair other members' interests.50- **(b)(2)** — Defendant acted on grounds generally applicable to class; injunctive/declaratory relief appropriate.51- **(b)(3) Predominance** — Common questions predominate. Address individual issues (reliance, damages variation) and explain why they don't defeat predominance.52- **(b)(3) Superiority** — Class action superior to alternatives. Address: member control interest, existing litigation, forum desirability, manageability.5354## Class Definition Template5556> 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].5758Definition must use objective, administratively feasible criteria — neither overbroad nor unduly restrictive — identifiable from defendant's records or objective evidence.5960## Causes of Action6162Per 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).6364| Category | Typical Theories |65|----------|-----------------|66| Consumer | State UDAP, TILA, FCRA, TCPA |67| Securities | Securities Act §§ 11, 12; Exchange Act § 10(b)/Rule 10b-5; PSLRA |68| Antitrust | Sherman Act §§ 1–2; Clayton Act § 4 |69| Employment | FLSA § 216(b), Title VII, state wage/hour |70| Common law | Breach of contract, fraud, negligence, unjust enrichment |7172## Prayer for Relief7374Include: (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."7576## Pitfalls and Checks7778- Use **numbered paragraphs** throughout the complaint body.79- Use "upon information and belief" only with stated factual basis for allegations outside plaintiff's personal knowledge.80- Cite documents, dates, dollar amounts — never bare legal conclusions.81- **Securities fraud**: Meet PSLRA heightened pleading — allege each misleading statement with particularity and strong inference of scienter.82- **Fraud claims**: Meet Rule 9(b) — who, what, when, where, how.83- **Ascertainability**: In Third Circuit and similar courts, allege class members identifiable through objective criteria and feasible mechanism.84- **Standing**: Named plaintiff must have Article III standing for each claim and each form of relief.85- Conform to filing court's local rules (margins, font, spacing, page limits, ECF).86- Never allege certification is "certain" — allege supporting facts and request certification in the prayer.
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