How is the class of plaintiffs in a class action lawsuit determined?
The class of plaintiffs in a class action lawsuit is determined by a court. This type of lawsuit is typically initiated by a lead plaintiff, or group of lead plaintiffs, who file a complaint on behalf of themselves and other similarly-situated individuals. The other individuals are all members of a class, which is a group of people that are similar in some way and all affected by the same legal issue. To become a member of the class, the court must certify it. This means that the court must determine that the class of plaintiffs is sufficiently numerous, has common questions of law or fact, and that the claims of the class representatives are typical of the rest of the class. The court must also determine that it is practical to resolve the issue in one lawsuit, as opposed to multiple ones. Finally, the process of class certification also involves notification to the other potential members of the class. Class notices are usually placed in newspapers and sent out to potential plaintiffs, notifying them that they may become a part of the class action lawsuit. In California, state laws provide additional requirements related to class certification. One of these requirements is that the class should have at least 40 members. Additionally, the court may review the claims made in the complaint, and may decide to allow or reject the certification of the class.
Related FAQs
How does evidence in a class action lawsuit differ from other types of lawsuits?What are the legal requirements to become a class representative in a class action lawsuit?
What happens after a class action lawsuit is settled?
What is the burden of proof in a class action lawsuit?
What is the class strength in a class action lawsuit?
What is a multi-district class action lawsuit?
How much money do plaintiffs typically receive in a class action settlement?
When is a class action lawsuit moot?
Can I opt out of a class action settlement?
What is the difference between a class action and a derivative action?
Related Blog Posts
What is Class Action Law and How Does it Affect You? - July 31, 2023The Basics of Class Action Lawsuits: What You Need to Know - August 7, 2023
What to Expect When Filing a Class Action Lawsuit - August 14, 2023
What Are The Benefits of Participating in a Class Action Lawsuit? - August 21, 2023
How To Find a Reputable Class Action Lawyer - August 28, 2023