Class Action Lawsuits in Waukesha, WI

Requirements for a Class Action Litigation

In a class action lawsuit, one or a few representatives file a lawsuit against the at-fault party. While the other class members do not actively conduct the litigation, they are contacted or notified about the case. The potential class member has the liberty to opt out of the class action. The most common reasons to opt out include concerns about settlement terms, preference for individual action, or disagreement with the class action.

One of the most important steps in the class action litigation process is to get certification for the class. Most states follow the procedure for certification outlined by the Federal Rules of Civil Procedure (FRCP), which has certain requirements for the case to qualify as a class action. These class actions must be based on the same problem or wrongdoing and should include many potential claimants making it practical for them to join one lawsuit. Another requirement is that the class representative plaintiff must provide adequate and fair protection for the entire class.

Once the class action has been filed, the parties and court will need to identify all the individuals who may be involved and will make a reasonable effort to notify the class members. As the requirements and procedures for class action litigation often get complex, it’s best to hire a law firm or attorney who focuses on such cases.