Duties of Class Representatives

1.                  A class representative represents the interests of all members of the class in litigation to recover money damages for the class.

2.                  A class representative has claims which are typical of those of the class, and thus involve common issues of law or of fact.  For example, as a class representative, your claims against the defendants are typical of the class claims against them, because each class member incurred damage or injuries as a result of a common event. 

3.                  A class representative always considers the interests of the class just as the class representative would consider his or her own interests.

4.                  A class representative participates actively in the lawsuit, such as by testifying at deposition and trial, answering written interrogatories, and by keeping generally aware of the status and progress of the lawsuit.

5.                  A class representative recognizes and accepts that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval, and must be in the best interests of the class as a whole.

6.                  A class representative accepts the possibility that, in the event the case is lost, the court may assess certain of defendants’ costs of litigation against the class representatives.

7.                  A class representative is not required to be particularly sophisticated or knowledgeable with respect to the subject of the lawsuit.  However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide class counsel and the court with all relevant facts of which the class representative is aware.

8.                  A class representative volunteers to represent many other people with similar claims and damages, because the class representative believes that it is important that all benefit from the lawsuit equally, because a class lawsuit will save time, money, and effort, and thus will benefit all parties and the court, and because the class action is an important tool to assure compliance with the law, applicable standards and duties of care, and to ensure just compensation to all those similarly situated.

            I have reviewed and acknowledge my duties as a class representative in the proceeding of ______, et al. v. ___, Inc., et al.