![]() In meeting these requirements, the judge rules that the case can be certified as a class action lawsuit.When a group of people has the same issues against the same defendant, usually a company that operates on a massive scale, they can come together and file under one lawsuit. Lastly, the judge rules that the plaintiff and the class are adequately represented by competent attorneys experienced in products liability, deceptive trade practices and class action litigation. He also rules that the lead plaintiff has "substantially the same interest in this matter" in that he and all members of the class own or owned a Whisper 500 dishwasher designed or manufactured by Tinderfalls with the same defect. The judge rules that while the exact number of people who bought the dishwasher cannot yet be determined, he believes that thousands have purchased the dishwashers and that the exact number of class members could be determined at a later point.įurthermore, he rules that the "common questions of law and fact" apply to all class members, including whether the dishwashers contain a defect, whether the company concealed the defect, and whether the company should be required to disgorge all or part of the profits made through sale of the defective dishwashers. You can find out more about class action requirements right here.Ī judge grants class certification in a lawsuit filed on behalf of anyone in the United States who purchased Tinderfalls' Whisper 500 dishwasher in the past three years for personal use. In general, the attorneys representing the class should have experience handling class actions and complex litigation. The plaintiff and his or her attorneys must have a sufficient interest in the case to adequately represent all of the class members. Is the Potential Class Adequately Represented? For instance, if the named plaintiff has suffered a significantly greater degree of harm than the average class member, the judge may rule that the plaintiff should file an individual lawsuit rather than a class action because his or her claim is not typical of all class members. In general, if the named plaintiffs will serve the interests of the proposed class by advancing their own interests, this requirement will be satisfied. The person or people bringing the lawsuit (known as the "named" or "lead" plaintiffs) should have claims and injuries that are typical of all potential class members. ![]() Are the Plaintiff's Legal Claims Typical of All Class Members? In addition, the class members should all have suffered the same injury. The lawsuit must involve factual and legal issues that are common to all class members. ![]() Do Class Members Share Common Questions of Law and Fact? ![]() If only a small handful of people have been injured, the judge may decide that these people should file individual lawsuits rather than a class action. While an experienced attorney will do his or her best to ensure their clients' claims meet the requirements for filing class actions, it is a judge who decides whether a case can officially proceed as a class action.Ī large number of people must have been harmed by the actions of the company that is being sued. For example, if you are filing a class action lawsuit against your employer for discriminating against you on account of your age, the suit may seek to represent all other employees of the company who also faced age discrimination. The complaint will also state that the lawsuit seeks to recover compensation for the person filing the suit (known as the "lead plaintiff") and for all other individuals who suffered the same type of harm. The complaint will describe the events that caused the injury or financial harm suffered by the client. The legal document that officially starts a class action is called a "class action complaint." After an attorney has reviewed and investigated the factual and legal issues at hand and determined that a lawsuit can be filed, he or she will draft a class action complaint. Filing a Complaint - The Document That Starts a Class Action ![]()
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