In such a case, the defendant will usually be ordered to pay the plaintiffs’ fees and costs – including: If the class action litigation is eventually resolved in the plaintiff’s favor (either by trial or settlement) the court will notify members how to make a claim for relief. A member who does nothing will be bound by any settlement or decision in the lawsuit. The opt-out procedure will be explained in the legal notice sent by the court.Ī member who opts out retains the right to file an individual lawsuit. Members usually have the right to “ opt out” of class actions or proposed settlements in California. (The claimant who pursued the class action is often the named plaintiff (“lead plaintiff”) in the case, but not always.) 5. The notice will explain what the class action case is about and the rights of each member. The court will notify potential members of the case by mailing them legal notice of the claim (usually at the plaintiff’s expense). Once the class is certified, the case moves forward as a lawsuit. 3 This involves showing that this type of lawsuit is superior to alternative methods of resolving the dispute(s), including individual litigation. Plaintiffs must also establish that resolving the claims in this type of lawsuit would “ provide substantial benefits” to both the courts and the litigants.
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