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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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