|
What factors must be present to start a class action lawsuit?
There are several requirements to
consider when attempting to form a new class
action case. Simplified, these are:
● Numerosity
adequate number of plaintiffs
● Commonality
common damages and legal issues
● Typicality
each class member's claim must come from the same event, and must make the same legal argument
● Adequacy of Representation
the representative plaintiff will adequately protect and represent the interest of the class
● Viability of Defendant
although it is not a requirement of the court, it is reasonable to assume that
if the accused does not have the means to compensate for the alleged damages and
legal costs, it would be difficult to entice a law firm to represent the class.
| 
