A class action plaintiff represents a group of plaintiffs seeking compensation from one or more defendants. The court designates a representative plaintiff if the class is too large, there are common questions of law or facts, and the claims or defenses are typical of the class. The plaintiff must protect the interests of the class fairly and adequately. The outcome of the lawsuit is generally binding on all class members.
A class action plaintiff is a representative of a group that is pursuing a class action. A class action case is unique because it involves numerous plaintiffs seeking compensation from one or more defendants. A court will designate from among the class of plaintiffs one or more persons to serve as class representative under several conditions.
First, it must be necessary to designate a representative plaintiff because the class is too large, making it impractical to have each member directly in the lawsuit. There must also be questions of law or facts common to the whole class, and the claims or defenses must be typical of the class. Finally, the class action plaintiff, as representative, must protect the interests of the class fairly and properly.
There can be hundreds or thousands of plaintiffs in a class action lawsuit. Several nations, including the United States, Canada and Australia, have laws allowing class action lawsuits. The large number of plaintiffs makes it necessary for the court to designate a class action plaintiff so that the case can be handled properly.
The federal courts in the United States regulate class action lawsuits through Article 23 of the Federal Rules of Civil Procedure. The criteria for selecting a class action plaintiff are contained in these rules. State courts in the United States have a corresponding rule in state rules of civil procedure. State rules governing class actions can differ from federal rules, and each state has its own unique interpretation of its rules.
A class action plaintiff, as a representative, must protect the interests of the class fairly and adequately. During the course of the case, the court will give notice to class members at key points in the proceedings. This will allow class members to advise the court whether they feel the class action plaintiff is protecting their interests. The court may allow a class member to intervene if the member can demonstrate that the existing class action plaintiff does not adequately protect that member’s interests. A court may also deny a request to speak if the class member is unable to persuade the judge.
The outcome of the class action lawsuit is generally binding on all class members, unless one member drops the case. If the class action actor is successful, all class members are successful. Of course, the other members also lose if the class action plaintiff is unsuccessful in the suit. This means that the remaining class members will not be able to bring another lawsuit against the defendant.
Protect your devices with Threat Protection by NordVPN
