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drpvn t1_iqnp4sj wrote

You don’t actually need to gather many plaintiffs for a class action. You only need one, assuming there aren’t any problems with that one plaintiff (no standing, for example).

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[deleted] t1_iqnq38i wrote

It certainly helps to have evidence that OP represents a similarly situated class.

Otherwise it’s just a lawsuit.

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drpvn t1_iqnr6q5 wrote

It’s good knowledge to have but you don’t need that evidence to file the class action.

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[deleted] t1_iqns49b wrote

There is much you don’t need when filing a suit, but many of them are characteristic of successful suits.

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drpvn t1_iqnslge wrote

I’m just speaking as someone who’s helped initiate a couple dozen class actions, one of which settled for over a billion dollars.

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LouisSeize t1_iqsej2r wrote

So, you're a professional represtative plaintiff?

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drpvn t1_iqseqto wrote

No, I’m a lawyer whose practice includes plaintiff-side work, including class action.

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LouisSeize t1_iqsi4zk wrote

Good to know. Take a look at the post I just made and see if you agree.

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rakehellion t1_iqpkgkq wrote

Yeah, but it's the lawyer's job to find these things.

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[deleted] t1_iqnqbqp wrote

[deleted]

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drpvn t1_iqnqv7t wrote

The members of the class can’t be one. But you can have just one plaintiff. Numerosity has nothing to do with how many plaintiffs there are.

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LouisSeize t1_iqshw2n wrote

While Lexis publishes many articles that are useful to lawyers, reading them without a legal education can result in misunderstandings such as yours.

The numerosity requirement means that there are so many members of the class that each one bringing a separate lawsuit is impractical. It does not mean that you need 100 plaintiffs or, indeed, any minimum number.

What you do need in a class action is one or more people who will be representative plaintiffs whom the court believes will *adequately and fairly protect the interests of the class."

That's why the caption in a class action usually reads something like, John Doe, on behalf of himself and all persons similarly situated v. Big Company, Inc. There will then be a section of the complaint that defines the class, e.g. "The class consists of all persons who purchased the defendant's product called Better Widget between January 1, 2022 and its removal from the market on October 2, 2022."

Incidentally, the document you cited refers to the federal rules for bringing a class action in federal court. Class actions can also, in some cases, be brought in New York State courts. See CPLR Section 901 for the basic rule.

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LadyofLorien_ OP t1_iqnq5mx wrote

Yes but still, I want to spread the word!

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drpvn t1_iqnr2cy wrote

Definitely. And having a bunch of interested people is a big help for when counsel has to decide which should actually serve as plaintiffs.

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