What are the steps involved in a class action lawsuit?

A class action lawsuit allows a group of people to band together in order to seek justice for a wrong done to them by the same wrongdoer. In West Virginia, the steps involved in a class action lawsuit are as follows. First, the potential plaintiff must establish that there is a “class” of people who have all been wronged by the same wrongdoer. This means that the wrong done must be similar and have common elements of law and facts, and the potential plaintiffs must all have similar interests. Second, the potential plaintiff must show that a class action is superior to other forms of legal action. This means the potential plaintiff must show that the cost of individual lawsuits is too high or that potential plaintiffs’ individual losses are too small to make individual lawsuits feasible. Third, the potential plaintiff must show that the proposed class representative (generally, the lead plaintiff) is qualified and has the capacity to adequately represent the interests of the class. Fourth, the class representative must prepare pleadings to present the claims of the proposed class. This includes a complaint which states the wrongs committed against the class and the desired relief, and a motion to certify (or approve) the class. Fifth, the class representative must work with the court to make sure term of the court’s approval order are appropriate and in the best interest of those class members. Sixth, the class representative must coordinate and engage in discovery (gathering of evidence) and may have to negotiate a possible settlement. Finally, the court may decide the case by ruling on the merits, or it may order a settlement if one is reached. If a settlement is approved, then class members can submit claims for compensation.

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What are the steps involved in a class action lawsuit?

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