United States Class Actions: Comprehensive Q&A for Practitioners on Rule 23, CAFA, Certification, Discovery, Settlement, Funding, Arbitration, Costs, Appeals and Emerging Trends
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Class actions—USA—Q&A guide
This Practice Note presents a jurisdiction-specific Q&A on class actions in the USA, featured in the Lexology Getting the Deal Through series by Law Business Research (law stated at: 9 October 2022). Authors: Cleary Gottlieb Steen & Hamilton LLP— Roger A Cooper; Lina Bensman; Allison Kim.
1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought?
The American court structure comprises two parallel systems: the federal courts and the state court systems. The federal judiciary operates on three tiers:
- Trial courts, termed the ‘US District Courts’, located nationwide;
- Thirteen intermediate appellate courts, the ‘US Courts of Appeals’;
- The highest court, the ‘US Supreme Court’.
The Supreme Court has jurisdiction over all matters brought in federal courts, and over cases from state courts that involve federal law. Broadly, state court systems reflect the same three-tiered model, although terminology can vary and, in some jurisdictions—such as Delaware—there are only two levels. Class actions may...
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Web page updated on 22/05/2026
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