4 ms·
A class action is an action where there are a large, possibly unknown, number of plaintiffs suing a single group of named defendants. With the thought process
by dsp1234 10y ago
A class action is an action where there are a large, possibly unknown, number of plaintiffs suing a single group of named defendants. With the thought process being that if a single case against a named defendant is won, then that same outcome would happen for every other plaintiff, and thus doing it once saves the court time.
What you're suggesting is more like a John Doe case where you sue a number of unknown entities, and that can be won, but at some point, the plaintiff has to name the John Does, so that they can defend themselves.
- logfromblammo 10y agoCouldn't you start a class action against one named defendant, and use the discovery process to uncover all the other unknown-at-the-time-of-filing defendants? I'm pretty sure that if the named defendant coughs up an NDA that prevents them from disclosing the names of their business associates to a court, the judge is not just going to say, "I'll allow it."