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A class action lawsuit
is defined as a civil court procedure
in which one or more parties file
a complaint as a representative of
a larger class. A court must allow
the class action lawsuit and then
the members participating in the class
action lawsuit will be given notice
to either include themselves or exclude
themselves from the class action lawsuit
proceeding. By choosing to opt of
the class action lawsuit the individual
is not bound to the decision in the
case.
Federal Rule of Civil
Procedure 23 governs class action
lawsuits in federal courts. An alleged
fraud or misconduct that similarly
affects different individuals seek
out a law firm to represent them and
that law firm may choose to take on
a class action lawsuit. Lawyers find
class action lawsuit to be more efficient
for the judicial system. The class
action lawsuit allows the lawyers
to vindicate the rights of a large
group of people. class action lawsuits
are beneficial for individual parties
that may not have adequate funds to
pursue an individual case. Recent
statutes have been created and passed
by Congress to eliminate instances
of class action lawsuit abuse under
the Private Securities Litigation
Reform Act of 1995 and the Securities
Litigation Uniform Standards Act.
To qualify
for a class action lawsuit there must
be enough individuals to bring the
suit to a class action lawsuit. The
size of a class action lawsuit has
ranged from 20 to millions of people.
There must be a commonality between
all the members of the class action
lawsuit demonstrated and the class
action lawsuit members must be making
similar allegations. Plaintiffs must
be able to show that it is sensible
to operate as a class action lawsuit
and not have conflicts of interest
between class action lawsuit members.
class action lawsuits are brought
to court when a law firm decides a
good case is standing and it is filed
with the court.
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