What rights does a plaintiff have in a class action lawsuit?
In a class action lawsuit in New York, the plaintiff has a number of rights. The plaintiff has the right to bring the lawsuit on behalf of other people similarly situated to them. The other people, or class members, don’t have to be named in the lawsuit; they are the ‘unnamed class’. The plaintiff also has the right to seek relief for the entire class; if successful, the court can order the defendant to pay damages to all members of the class. The plaintiff also has the right to bring the lawsuit even if the financial damages individual class members receive are too small to justify filing their own lawsuit. This is known as a ‘small damages case’. The plaintiff also has the right to represent the class if the court approves. This means they will be responsible for proving their case to the court. Finally, the plaintiff has the right to ask the court to award attorneys’ fees and costs to the class if they succeed in the class action. This means the legal costs of the lawsuit will not be borne by the individual class members. In summary, the plaintiff in a class action lawsuit in New York has the right to bring a lawsuit on behalf of a group of people, seek relief for the entire class, bring a small damages case, represent the class, and request attorneys’ fees and costs for the class.
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