In a class action lawsuit, one or more people called “class representatives” or “named plaintiffs” sue on behalf of other people who have similar claims.
The Class Representatives in this case are: Cynthia M. Clark, as successor personal representative of the Estates of Walter F. Kacala and Helen M. Kacala; Norman J. Loverde, as successor personal representative of the Estates of Stephen J. Loverde, Sr. and Mary Anna Loverde; and Maria M. McCarthy and William J. McCarthy, Jr., as personal representatives of the Estate of Anne Major and successor personal representatives of the Estate of Bernard L. Major.
Together, the Class Representatives and the MCIC Settlement Beneficiaries and Surviving Family Members they represent are a “Class” or “Class Members.” One court resolves the issues for everyone in the Class—except for those people who choose to opt out of the Class.
In order for a case to proceed as a class action, the court overseeing the case must “certify” the class—i.e., the court must rule that the case can proceed as a class action, rather than as many individual cases or as one case with many plaintiffs. There are many factors a court must consider when determining whether or not a class should be certified.
At the time the Parties agreed to the proposed Class Settlement in this Case, the Court had not yet certified the Class. However, the Court now has conditionally certified the Class for purposes of the Class Settlement. If the Class Settlement is not ultimately given final approval by the Court, the conditional certification will no longer stand, and the Parties will have to litigate whether the Class should be certified in this Case.