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Pattern

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Class Actions

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Opt-Out

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Class members are given a choice to not participate in the class action and instead pursue individual claims.

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Numerosity

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The class must be so large that joinder of all members is impracticable.

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Typicality

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The claims or defenses of the representative parties are typical of the claims or defenses of the class.

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Adequacy of Representation

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The representative parties will fairly and adequately protect the interests of the class.

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Certification

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The court must certify a lawsuit as a class action based on meeting certain criteria before it may proceed as such.

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Commonality

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There must be questions of law or fact common to the class.

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