How is the class determined in a class action lawsuit?

In a class action lawsuit, the class is determined by the court. Essentially, the court must decide who qualifies as a class member. During this process, the court will determine the class based on the criteria specified in the complaint. Generally, this will include geographic proximity, commonality of claims, as well as other factors that may be pertinent to the case. In Alaska, this determination is governed by the Alaska Rules of Civil Procedure and the Alaska Supreme Court. According to the Alaska Rules of Civil Procedure, "the party proposing the class certification must make a showing that all proposed class members have claims or defenses against a common defendant and/or share a common question of law or fact”. Additionally, it is important to note that the class must be ascertainable as well, which means there must be a reasonable way to identify members of the proposed class. This can be done through criteria such as common characteristics, time period, or any other criteria the court may deem necessary. Ultimately, it is up to the court to decide whether or not the proposed class meets all the necessary criteria. If it does, then the class is officially certified and the lawsuit can move forward.

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