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Civil litigation

class actions

A class action is a type of lawsuit in which one or a few plaintiffs seek to represent hundreds or thousands of plaintiffs with the same or similar claims against the same defendants. Rules of procedure in state and federal courts permit class actions in limited circumstances for the purpose of resolving similar disputes more efficiently than if each plaintiff filed a separate lawsuit.

In West Virginia, class action lawsuits are governed by the West Virginia Rules of Civil Procedure, specifically Rule 23, which is similar to the Federal Rule of Civil Procedure 23. These rules allow one or more plaintiffs to represent a larger group of individuals, known as a class, in a single lawsuit if the class members have similar legal claims against the same defendant(s). To proceed as a class action, the case must meet certain criteria, such as having a large number of plaintiffs with common legal issues, claims, or defenses, and a class representative who can adequately protect the interests of the class. The purpose of a class action is to provide an efficient and economical way to resolve claims that might be impractical to litigate individually. If a class action is certified by the court, it binds all class members, except for those who choose to opt out, if that option is available. Class actions can be filed in either state or federal court, depending on the nature of the claims and the parties involved.

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Civil litigation

class actions

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Civil litigation

class actions

Articles