How is the class of plaintiffs identified and certified?

In order for a class action lawsuit to move forward in New York, the class of plaintiffs must be identified and certified. The court first must decide whether or not the lawsuit is appropriate for class action, and if it is, the court will then certify the class of plaintiffs. Before the court can certify the class, the court must decide whether or not there is commonality between all the plaintiffs and their claims. This means that the plaintiffs must have experienced similar issues and have similar damages, or have been affected similarly by the same event or act. The court will also consider if the class representatives, or the plaintiff(s) that are named in the lawsuit, are suitable representatives of the class of plaintiffs. This means that they must be sufficiently representative of all the affected plaintiffs. Following this, the court will consider whether or not the class of plaintiffs is clear and manageable. This means that the class must be defined clearly and be able to be managed in a way that allows each plaintiff to be represented adequately. Finally, the court will consider if the class action is the most effective way to address the dispute. This means that the court must decide that the lawsuit is the most efficient and beneficial way for the plaintiffs to receive compensation for their damages. Once the court has decided that the criteria have been met, the class of plaintiffs can then be certified and the lawsuit can move forward.

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How is the class of plaintiffs identified and certified?

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