How is the class determined in a class action lawsuit?
A class is determined in a class action lawsuit by the court when the case is filed. This process involves the court deciding if the case meets the requirements for a class action lawsuit. These requirements include that the class of plaintiffs have similar claims and grievances against the same defendant. The court must also determine if the class action is the best way to resolve the case. If the court decides that it is appropriate for the case to be heard as a class action lawsuit, then the court will certify the class. This means that the court will decide who is eligible to be part of the class action suit and who can participate in any settlement or award of damages. Those eligible to be in the class must have similar interests in the case and be affected in a similar way by the defendant’s conduct. Generally, in a class action lawsuit, all affected persons who are identified by name or location will be included in the class. In some cases, the court may also include persons who are similar to the named class members. The court will also determine if the class is sufficiently numerous to make the lawsuit economically feasible. Ultimately, the court must make sure that the class action procedure is fair, efficient, and provides important notice to class members.
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