How do I know if my lawsuit should be a class action?
For a lawsuit to have the makings of a class action the first test to pass is whether the harm that was suffered was suffered by many in the same or similar way. In legal terms this is called "numerosity" and is a requirement for a class action. In Kentucky there is no set number to determine whether or not a case may proceed as a class action. Kentucky judges must evaluate each case on a case-by-case basis to determine whether it may proceed as a class action under Kentucky law.