What is class certification?


After the class action Complaint is filed, the plaintiff must file a motion to have the class certified. In other words, at the point of class certification the Plaintiff is effectively asking the Judge to recognize the proposed class of individuals, which could include a handful of people or several hundred thousand people, for the purposes of the litigation.

Upon the motion to certify the class, the defendants may object to whether the issues presented in the case in question are appropriate for a class action. The defendants may also object to the proposed class certification on the grounds that the named plaintiffs are sufficiently representative of the class. The Judge will also assess the ability of the firm to prosecute the claim for the plaintiffs, and their resources for dealing with class actions.

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