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1.7.1 Introduction

Before filing any lawsuit, a plaintiff’s attorney must carefully estimate the potential for success by evaluating the facts, the viability of the legal claims, likely defenses, and other issues. A class action requires the same or greater care and consideration of a number of specialized issues. The following sections provide a guide for initial evaluation of class action claims. None of the issues identified below is necessarily a complete barrier to proceeding as a class action, but they certainly increase the difficulty and complexity of the case.