How is a class action lawsuit certified?

In New York, class action lawsuits are certified when a court determines that enough common issues exist between the participating parties that a single lawsuit can fairly and efficiently resolve the dispute for everyone. Typically, a court must also find that the claims of the class members are sufficiently similar, that the defendants are similarly situated, and that the lead plaintiff has a sufficiently similar claim. When considering class action certification, a court may consider the goals sought by the plaintiff, the size of the class, the potential benefits to the class members, and the complexity of the issue. Typically, class action attorneys must prove to the court that the case is suitable for class action treatment, can be managed efficiently by the court, and that a class action will provide a fair remedy for all parties involved. The court may also consider whether the proposed class counsel is qualified and capable of representing the interests of all class members. Once the court certifies a class action, the class members may proceed as a collective against the defendants. All class members will then be bound by the court’s ruling or any settlement.

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How is a class action lawsuit certified?

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