How do I file a class action lawsuit?

Filing a class action lawsuit in New York involves filing a complaint with the court and serving a summons and complaint to the other party or parties involved. The complaint must state the grounds on which the class action lawsuit is being brought, including the type of legal claims being made and the reasons why the court should recognize the validity of the claims. The summons and complaint are usually served by certified mail, but may also be served in person or by publication if the parties involved cannot be located. Once the summons and complaint are served on the other parties, they must answer the complaint within 20 days. Next, a court order will be issued to formally create the class and define the members of the class. The court order will also provide a way for class members to opt-out of the class action lawsuit if they wish. The class representative (the person or people who brought the class action lawsuit to court) will be required to provide evidence to demonstrate that the proposed class meets the legal requirements of a “class” under New York law. Once the class has been certified, the parties must conduct “discovery” in order to gather evidence in support of their claims. This may involve providing documents and testimony as well as other forms of evidence. Finally, the parties will present their case to the court in a trial. The judge will then decide the outcome of the lawsuit and whether the class action lawsuit is successful. If the class action lawsuit is successful, the court may award monetary damages to the members of the class or order some type of non-monetary relief, such as an injunction.

Related FAQs

What is the difference between a class action and a collective action?
What is the difference between a direct action lawsuit and a class action lawsuit?
What is the role of the court appointed class counsel?
What is the difference between a settlement class and a damages class?
What type of damages are available in a class action lawsuit?
What is a class action certification?
How is a class action lawsuit certified?
What is the difference between a class action lawsuit and an individual lawsuit?
How do I file a class action lawsuit?
How are attorneys’ fees paid in a class action settlement?

How do I file a class action lawsuit?

Related FAQs

Related Blog Posts