Do class action lawsuits require pre-certification procedures?
Yes, class action lawsuits in Maine do require pre-certification procedures. Pre-certification is the formal legal process of certifying a case as a class action suit. This process is overseen by the court and requires the judge to determine if the case meets the criteria for class action litigation. In Maine, a class action suit must include common questions of law and fact that meet certain criteria. The criteria include: (1) the class size must be larger than 1 person, (2) the class members must have suffered an injury from a common cause and must have a need for relief, (3) the class must be defined by common facts and legal issues, and (4) class members must be adequately represented. If the judge determines the criteria are met, then they certify the case as a class action. Once a case is certified as a class action suit, the class representative has to notify class members of the case and its status. This notification is called “notice of class action” and typically requires some form of written notice, such as an email, phone call, or postcard. This notice informs class members of their right to participate in the case and to be compensated if the class is successful. In Maine, pre-certification procedures are necessary to ensure that all class action lawsuits meet the criteria for class action litigation. Without pre-certification, a case might be filed before it has been determined if it is a legitimate class action suit. This presents a danger for both the plaintiffs and the defendants, as it could potentially lead to a case being filed and heard before the court has determined if it is suitable for class action.
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