Who can become a class member in a class action lawsuit?
Every class action lawsuit defines a “class” of individuals or entities on whose behalf the lawsuit is brought. The definition of the class is set forth in the class action complaint, which is the document that is filed with the court that initiates the lawsuit against the opposing party. The court must then determine whether the lawsuit meets the legal requirements of a class action-that there are numerous claimants with common questions of law and fact and that the class representative will adequately represent the class with qualified and experienced legal counsel. The court must approve the definition of the class; this stage of the lawsuit is called “class certification.” Any person or entity that meets the definition approved by the court is automatically a member of the class in the lawsuit, but any class member is normally always given a chance to opt out (decline to be considered a member of the class) if he or she wants to pursue another remedy or no remedy. However, in order
