How is the class of plaintiffs in a class action lawsuit determined?

In a class action lawsuit, the class of plaintiffs is determined by the court. The court will typically define the class of plaintiffs as people or entities with similar or related issues or claims who can fairly and adequately represent a larger group of people or entities with similar issues or claims. In Kansas, the court must examine the “numerosity,” “commonality,” “typicality,” and “adequacy of representation” of a class of plaintiffs before determining whether a class action lawsuit is appropriate. Numerosity means that the class must be so large that it is impractical to join all of the individuals in the same lawsuit. Commonality means that the claims or issues of the class must be based on a common question of law or fact. Typicality means that the claims or defenses of the class representatives must be typical of the claims or defenses of the class. Adequacy of representation means that the interests of the class must be adequately and fairly represented by the class representatives. Once the court determines that the class meets these requirements, it will typically issue an “order of certification” which officially declares the class as a plaintiff in the class action lawsuit. This is how the class of plaintiffs in a class action lawsuit is determined.

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How is the class of plaintiffs in a class action lawsuit determined?

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