What Is a Class Action Lawsuit?
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A class-action lawsuit is a civil case filed on behalf of a group of individuals or business entities who have been harmed in the same way, with at least one plaintiff serving as their advocate. While the concerns in a class action differ from one case to the next, the issues in dispute are identical for all class members. State or federal courts can hear class actions. If the lawsuit concerns federal legislation, then the federal court is the appropriate location.
Why Are Class Action Lawsuits Preferred?
While each litigant could pursue their own legal action, it's often preferable and more beneficial for plaintiffs, courts, and defendants to join individual actions into a single class-action suit.
For plaintiffs, a class action suit means one set of witnesses, one set of experts, uniform documents, and a singular set of issues to be presented to the court. By eliminating duplicate effort, the reduced overhead costs and automation allow one law firm to handle one case rather than many law firms attempting numerous cases. Additionally, it is not uncommon for individual suits to lack the damages necessary to justify the time and expense of pursuing them separately. On the other hand, a multimillion-dollar class-action lawsuit on behalf of millions of clients is well worth the time of the class members.
Courts also tend to prefer class-action cases for practical reasons. One lawsuit is less expensive for the courts than numerous suits. One case implies only one judge and courtroom. A single class-action suit avoids the court dockets from becoming congested with several cases.
What Are Some Common Class Action Lawsuits?
Securities class-action lawsuits are filed when securities issuers defraud the investing public by issuing false information. They frequently involve complex accounting, vague disclosures, and a lack of transparency in operations.
Product Liability or Personal Injury
These class-action lawsuits are brought when a product fails to perform as advertised or described. While the individual plaintiffs in these cases often stand out due to their injuries, it is much more efficient for them to combine their resources in order to pursue their claims collectively against the defendant or defendants.
Consumer Class-Action Lawsuits
Another common class action is the consumer protection lawsuit. These are brought to protect consumers from unfair business practices that harm or threaten them with economic loss. The inequitable conduct of large corporations is the focus of these lawsuits, which might be overcharged prices, defective products, misrepresentations made by salespeople, or faulty repairs.
Class actions in employment law are typically brought in cases where the class members were subject to the same policy, whose effects were felt uniformly. They also might involve wage and hour violations, wrongful termination, or other discriminatory practices that apply to a group of employees.
The Stages of a Class Action Lawsuit
Hire a Law Firm
Any person who has been harmed or damaged in a similar manner as others should seek out the services of a qualified class-action law practice like James Hawkins Class Action Attorneys. There's a science to certifying the class action suit that involves ensuring that a victim is chosen as lead plaintiff, pursuing cases, and bargaining for settlements. A class-action law firm must also have courtroom trial experience.
File the Lawsuit
Typically, a class-action lawsuit is initiated by the filing of a complaint on behalf of at least one class representative, who then files the case on behalf of the entire proposed class. A defendant will then have the option of answering the complaint. Defendants can argue that class action standards haven't been satisfied or that the lawsuits should be handled on an individual basis.
Obtain Class Certification
The class representative will file a motion to have the court certify or approve the proposed class after the complaint is submitted. To obtain the go-ahead for the class action lawsuit, the class representative and the legal counsel defending it must accomplish several tasks:
Demonstrate that there is a valid legal claim against the defendant.
Assign a lead plaintiff — this is typically the plaintiff who files the lawsuit.
Prove that the class is large enough and contains a sufficient amount of similarly injured individuals.
Notify Members of the Class Action Lawsuit
In most situations, once the case has been certified as a class action, notice must be given to all people who may be considered part of the class. Notices are sent to known claimants via direct mail, through the media, and through various internet channels of communication.
Accommodate for Opting In or Out of the Lawsuit
Inclusion in the class action complaint is generally automatic, but everyone who was harmed has the option to opt out of it. The opt-out rights should be stated in the notifications. In some cases, injured consumers have the option to opt out of a lawsuit. They are sometimes permitted to only opt out of any settlement.
Go to Trial or Negotiate a Settlement
Following the class certification and the notice period, the lead plaintiff will proceed with their case against the defendant. The lawsuit will then go to a judge, jury, or appeal decision unless a settlement is reached.
If a settlement is reached, injured people will typically be informed that they have the option to opt out of the agreement if they submit a timely and appropriate notification. Once the opt-out time has passed and the settlement money has been paid, the lead plaintiff and their legal team will arrange for compensation to all eligible victims.
Payment and Distribution of Damages
The normal practice is for the legal firm that represents the plaintiff to get a share of the agreed sum first, with the lead plaintiff receiving a higher proportion (often a greater share than other members of the class because of the extra effort done by the lead plaintiff in managing the class-action case). The presiding judge must approve all settlements.
Get a Free Consultation
Our James Hawkins Class Action Attorneys strive to achieve the best results in each class action lawsuit we handle. In doing so, we carefully guide each client through the recovery process to ultimately obtain a very successful outcome. Contact us today for your free consultation!