How is a class action lawsuit certified?

In West Virginia, a class action lawsuit can be certified if the court determines that it contains at least two members as the claimants, that there are common issues of law and fact among them, and that their claims are sufficient for the court to make a ruling. Certification is generally determined by a judge after considering evidence and argument presented by the parties. To be certified, the court must also determine that the claims are sufficiently related to each other, and that the parties affected by the lawsuit are too numerous to join as individual plaintiffs. Generally, the court must also determine that it would be more manageable, efficient, and fair for the court to hear the claims as a single group case instead of individual cases. In West Virginia, the state Supreme Court of Appeals has outlined the standard of proof necessary for a court to certify a class action lawsuit. As part of this standard, the court must evaluate the evidence presented, consider the merits of the claims, and determine whether the class is adequately represented by the named plaintiffs. The Supreme Court of Appeals has also outlined specific criteria that must be examined when determining the certification of a class action lawsuit. The court must consider the questions of whether the class is so numerous that joinder of all members is impracticable, whether the questions of law or fact are common to all members of the class, whether the claims or defenses of the representative parties are typical of the claims or defenses of the class, and whether the representative parties can fairly and adequately protect the interests of the class.

Related FAQs

How do class action settlements differ from other types of settlements?
How does a class action lawsuit differ from a class action arbitration?
Are class action settlements confidential?
What is a class action lawsuit?
Is there a deadline for filing a claim in a class action lawsuit?
What rights do class members have in a class action lawsuit?
What forms of class action relief are available?
What are the costs of a class action lawsuit?
What are the legal requirements to become a class representative in a class action lawsuit?
How does a class action lawsuit work?

How is a class action lawsuit certified?

Related FAQs

Related Blog Posts