A Class Action Lawsuit is a noncriminal lawsuit filed by a Plaintiff against a Defendant in a court of law where the plaintiff is a single person or a small group of people representing the interests of a larger group. The Federal Rules of Civil Procedure identify the following prerequisites that must be met before allowing one or more members of a class to sue or be sued as representative parties on behalf of all:
The class is so numerous that joinder of all members is impracticable.
There are questions of law or fact common to the class.
The claims or defenses of the representative parties are typical of the claims or defenses of the class.
The representative parties will fairly and adequately protect the interests of the class.
In July 2004, the U.S. Senate voted down legislation known as the Class Action Fairness Act, which would change class action lawsuit procedures and move many lawsuits from state to federal courts. The House passed a version of the bill in 2003. The Senate is expected to consider the bill again.
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