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How Does A Case Become A Class Action Lawsuit?

A class action lawsuit is generally initiated by one or more people who believe that they, along with a group of other people, have been wronged.

They will typically hire a class action lawyer who then files a suit on behalf of persons (the so-called class representatives, or class reps or named plaintiffs) whose names appear on what is known as a class action complaint (that gets filed with a court) and on behalf of unamed and absent class members (the so-called putative class).

At the appropriate time, the class action lawyer files a motion for class certification asking the court to formally recognize the case as a class action by “certifying” the class.  If the court grants that motion, the other people who were similarly wronged are typically notified of the class action lawsuit and are given an opportunity to participate in the class action as a member of the “class.”  If they choose to participate, they will be bound by whatever happens in the class action.

{ 1 comment… add one }
  • jeffrey k cole November 10, 2011, 1:32 pm

    with all these people picking up infections in hospitals, will there ever be class action lawsuits filed on there behalfs.

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