Do You Have A Class-Action Case?
August 31, 2005
What factors must be present to start a class action lawsuit?
LawyersAndSettlements.com’s FAQ says:
There are several requirements to consider when attempting to form a new class action case. Simplified, these are:
- Numerosity - adequate number of plaintiffs
- Commonality - common damages and legal issues
- Typicality - each class member’s claim must come from the same event, and must make the same legal argument
- Adequacy of Representation - the representative plaintiff will adequately protect and represent the interest of the class
- Viability of Defendant - although it is not a requirement of the court, it is reasonable to assume that if the accused does not have the means to compensate for the alleged damages and legal costs, it would be difficult to entice a law firm to represent the class.




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