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Although class action lawsuits involve a large group of individuals with similar health issues or complaints, one person becomes the lead plaintiff, also called the “class representative,” “named plaintiff,” “representative plaintiff,” or “fiduciary litigant.”

 

While this person may be the one to approach an attorney with a claim, the actual distinction comes through the court, who appoints the lead plaintiff when certifying the lawsuit as “class action.” The Federal Rules of Civil Procedure often guides the court to make this decision. However, state rules or laws like the Private Securities Litigation Reform Act, which specifies the class representative has the largest financial interest, may influence the court instead. Even in such cases, it is beneficial to have reputable law firm Van Etten Sipprelle LLP. Some of the factors that you need to consider when choosing Class Action Attorneys include experience, reputation, the track record and also how he or she deals with clients.

 

Although class action lawsuits involve a group, the representative plaintiff does the most legwork and interfaces the most with an attorney. If you are appointed to this position, what should you expect?

 

Before the Trial

 

While one individual may have come forward to an attorney with the lawsuit, individuals constituting a potential class may apply to be the “lead plaintiff” before the lawsuit’s certified. While one individual frequently gets selected for this role, multiple individuals possibly may be appointed.

 

Before a lawsuit becomes certified as “class action,” the potential lead plaintiff must meet a specified set of qualities. He or she needs to represent the entire class not only in interest but additionally through experience, be it with a defective product or injury. He or she may not have conflicts with other class members.

 

Once the Lawsuit Progresses

 

As soon as the lawsuit becomes official, the lead plaintiff and class action attorney work together to identify who will be considered a class member beyond the initial group and provide all necessary documents to the defendants.

 

What particularly differs from an individual lawsuit is the “incentive award.” As a result of the amount of work the lead plaintiff puts in, this additional payment awards his or her role in representing the class during the lawsuit.

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