How is the class determined in a class action lawsuit?

In a class action lawsuit, the class is determined by the court to make sure that everybody who has been affected by the wrong doing of the defendant is included in the lawsuit. All individuals and entities who have been injured by the defendant’s actions are included in the class. In Kansas, the Court generally follows the Federal Rules of Civil Procedure to determine the class and who should be included in the class action lawsuit. The court will look at a variety of factors such as: whether the class is so numerous that it is not practicable to join all members, whether the claims of the class representatives are typical of the class, the degree of commonality among the claims and defenses, and the adequacy of the representation of the class. The court will also consider whether the claims of the class representatives are identical to the claims of the members of the class; whether the members are situated similarly with respect to the alleged wrongs; and whether the class representatives will fairly and adequately protect the interests of the class. Ultimately, it is the court who will decide who is included in the class action lawsuit and whether the class meets the criteria to become a certified class. The court will typically make a ruling on the class certification after the defendant has filed an answer to the plaintiff’s complaint.

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