Abraham, Fruchter, & Twersky LLP

Abraham, & Fruchter, Twersky, LLP

Frequently Asked Questions

General

What is a Lead Plaintiff or Representative Plaintiff?

A “class action,” or “representative action,” is a legal action commenced by one or more aggrieved parties on behalf of all similarly situated aggrieved parties known as the “class” of plaintiffs. In the event that more than one action is filed on behalf of the same class and alleges similar claims, the presiding Court will consolidate the actions into one. The Court will then grant the request of one or more members of the purported class to lead the action and represent the interests of all class members throughout the course of the litigation. The selected plaintiffs are referred to as the “Lead Plaintiff[s]” or “Representative Plaintiff[s],” depending on the type of class action and the specific responsibilities of each. In certain circumstances, one may be selected as a Representative Plaintiff on behalf of class members with particular claims, despite not being selected as a Lead Plaintiff, charged with directing the action and overseeing counsel. In order to be selected as a Representative Plaintiff, one must have claims typical of all other class members and have interests that are not adverse to the remaining members of the class.