T. Defendant Class Actions

• Library: South Carolina Damages (SCBar) (2009 Ed.)

T. Defendant Class Actions

Rule 23, SCRCP, provides in pertinent part that, "One or more members of a class may sue or be sued as representative parties on behalf of all__________" Thus, under the rule, defendant class actions are permitted. Theoretically, a defendant class action involves a suit by a plaintiff against a group of defendants too numerous to be joined in the action.

Defendant class actions present unique issues regarding adequacy of representation because the representative defendant is selected by the plaintiff. In the event there is ultimately a judgment in a certified defendant class, all class members will be bound by the judgment. Therefore, in a defendant...