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.