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 belviq class action lawsuit 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.
Yet, 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.
Being “lead plaintiff” goes beyond a simple distinction. As the class action lawsuit gets off the ground, this individual interfaces frequently with the attorney and court, including filing the lawsuit, consulting the case, and eventually agreeing to the settlement.