How is the class determined in a class action lawsuit?
In a class action lawsuit, the class is determined by the court. Class action lawsuits are used to solve legal disputes between two or more people or groups. In Florida, a class action lawsuit must meet certain criteria. First, the number of people or groups involved must make it impractical for all of them to bring individual lawsuits. Second, there must be some common issues among the claims of the individuals or groups. Third, the claims must be similar enough to make it practical to hear them all in one court case. Once these criteria are met, the court will determine the class’s size, boundaries, and composition. The court will also decide who will represent the class, often appointing a lead plaintiff, or representative. The court-appointed representative may also the be the same party who initiates the class action lawsuit. In addition, the court will decide if any of the class members have particular interests that must be addressed in the lawsuit. Once the class is determined, all class members will receive legal notice informing them of their status in the lawsuit. They must then decide if they would like to participate in the suit or opt out if they have individual interests that are not addressed by the class. It is important to note that opting out of a class action lawsuit may result in a waiver of legal rights and should only be done with the consent of qualified legal counsel.
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