Requirements for Filing a Class Action

On Behalf of | December 29, 2020 | Civil Litigation, Class Action

A class-action lawsuit gives individuals who experienced an injury because of the illegal actions of a corporation to join together and change the policies as well as receive compensation for their injuries. However, there are certain requirements a class needs to have before its lawsuit can proceed. Here are a few things to keep in mind before proceeding with a class action.

Before Filing a Class Action Lawsuit

It is imperative that you hire an experienced law firm, like Sanford Heisler Sharp to handle your class action. These lawsuits can be extremely complex and an inexperienced lawyer will be quickly overwhelmed.

Class Certification

Once the complaint has been filed and served on the appropriate parties, the court will need to certify the class. Depending on the state, the court will initiate a certification process or the plaintiff will need to file a motion to have the class certified.

Class certification requirements can differ in each state. But generally, in order for a class to be certified, the plaintiff must prove:

  • The representative plaintiff suffered the same alleged injuries as the proposed class
  • The class can be defined clearly enough to determine who is and isn’t a member
  • The number of class members makes joining everyone’s complaint impractical. For instance, it would be unreasonable 40 people suffering the same complaint each joining each other’s complaints
  • A common set of facts of legal interest underlines all the member’s injuries
  • The representative plaintiff’s claims are so similar to all members’ claims that he/she will be able to adequately decide for the class
  • A class action is the best and efficient way to resolve the issue

If for some reason the judge does not certify your class, then the case will be dismissed. However, if it is certified, then pre-trial procedures can begin.

If you believe you may have a class action against your employer, contact the employment lawyers at Sanford Heisler Sharp, now for an evaluation of your case.