How is a class action lawsuit certified?
In Oregon, a class action lawsuit may be certified by a court. This means that the court will officially recognize the lawsuit as a class action and allow it to proceed. In order for the court to certify a class action lawsuit, the plaintiff must first file a motion with the court. This motion must include detailed information about the class members as well as a proposed class definition. The proposed class definition must identify the class members that are seeking legal relief as well as the common issues or grievances they share with each other. The court will then make a determination as to whether the proposed class meets the criteria for certification. Generally, the court will consider several factors, such as: whether the class is so large that it is impractical to litigate on an individual basis; whether there is sufficient commonality between the claims and whether a class action is the most efficient way to resolve the claims. Once the court has made a determination, it will issue an order certifying the class. At this point, the class action lawsuit may proceed with discovery and other litigation activities. Certification of the class is a crucial step in order for a class action lawsuit to be successful.
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