When Will A Class Action Lawsuit Be Certified In New Jersey?
Do you have a claim against a large corporation? If other people have similar claims, a class action lawsuit may be the answer. Class action litigation can help individual plaintiffs level the playing field against large and powerful corporate defendants. That being said, you cannot simply walk into court and file a class action lawsuit in New Jersey. Here, our New Jersey class action litigation lawyers explain the most important things you should know about when a class action lawsuit can be certified in New Jersey.
Four General Criteria that Must Be Met for a Class Action to Be Certified in New Jersey
To move forward with class action litigation, a court must first certify you (and other plaintiffs) as a “class”. Under the New Jersey Rules of Civil Procedure (N.J. Ct. R. 4:32), there are four key criteria that a party seeking class action certification must establish:
- So Numerous to Be Impracticable: The proposed class must be large enough that it would be impractical for each individual member of the class to bring an action on their own. This criterion is usually satisfied if there are at least a few dozen members in the class. Though, there is no specific “minimum” number of class members. It depends on the circumstances.
- Common Questions of Facts or Law: There must be common legal or factual questions that bind together all members of the class. This criterion is usually satisfied if there are common issues of law or fact that are common to the entire class, and those issues predominate over any individualized issues. Without a common case, members are not truly of the same “class” for purposes of litigation.
- Common Defenses Across the Claims: The third criterion for class certification is that common defenses across the claims must exist. In other words, the defenses that the defendant (usually a corporation) is likely to raise must be common to the class members as a whole.
- Proposed Representative Party Proper Fit: The lead plaintiff is a class member who is chosen to represent the entire class in the lawsuit. To serve as a lead plaintiff or class counsel, the party must meet certain requirements under the New Jersey rules. The party must demonstrate that it can adequately represent the interests of all class members.
Class action litigation is notoriously complex. It is one of the most important and challenging areas of law. No matter the specific type of class action claim you are navigating, it is imperative that you have skilled legal representation. Our New Jersey class action lawyers can help.
Contact Our New Jersey Class Action Litigation Attorneys Today
At Poulos LoPiccolo PC, our New Jersey class action litigation lawyers are skilled and experienced advocates for our clients. If you have specific questions or concerns about the certification process for a class action lawsuit, we are here to help. Contact us today to set up your strictly confidential initial appointment with an attorney. Our law firm handles class action litigation in Monmouth County and throughout the State of New Jersey.
