Class Action Lawsuit Manual

http://www.classactionlitigation.com/fcapmanual/

Skeleton

IN THE UNITED STATES DISTRICT COURT FOR

THE DISTRICT OF [STATE]

 

[NAMES OF PLAINTIFFS]
on behalf of themselves and others           Case No. ________________
similarly situated,

Plaintiffs,
                                                                            CLASS ACTION COMPLAINT
v.                                                                         JURY TRIAL DEMANDED
[NAMES OF DEFENDANTS] ,
                                                        Defendants.

 

Now come [NAMES OF PLAINTIFFS] on behalf of themselves and others similarly situated and for their complaint state as follows:

PARTIES

 

PLAINTIFFS

[In this section, identify the named plaintiffs and their states of citizenship. Allege the named plaintiffs have standing to bring the suit and a brief statement summarizing the underlying basis for standing.]

 

 

DEFENDANTS

[In this section, identify the named defendants, and aver they are citizens of states other than the states wherein the named plaintiffs are citizens.]

 

JURISDICTION

[In this section, set forth the basis for federal court jurisdiction. If based on a federal question jurisdiction, state the federal question and any applicable laws or regulations involved. If jurisdiction is based on diversity of citizenship, aver the named plaintiffs are citizens of states other than states where the defendants are citizens. Further, if diversity forms basis for jurisdiction, allege that for each and every class member, the amount in controversy exceeds $75,000.00, exclusive of interest and costs.]

 

CLAIMS FOR RELIEF

[In this section, state the factual basis of each underlying claim, and indicate the theories upon which belief is sought. Segregate each claim for relief in a separate count.]

 

CLASS ACTION AVERMENTS

[In this section, set forth the elements of numerosity, commonality, typiClass Action Litigationty, and adequacy of representation. Also, set forth the sections under subsection (b) of Rule 23 which are alleged to provide a basis for certification.]

 

PRAYER FOR RELIEF

[In this section, demand class certification be granted, judgment be entered on the claims asserted, and all such further relief granted as may be appropriate under the circumstances, including an award of costs and attorney fees. Include demand for trial by jury if appropriate.]

 

Respectfully Submitted,

___________________________
Name
Bar Number
Firm Name
Address
Telephone and Fax Numbers

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s