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What is a class action lawsuit?
A
class action lawsuit is a lawsuit in which a person
or business acting as the plaintiff in a lawsuit
represents a larger group of people that have
similar legal claims against a particular defendant
or group of defendants. The person or business
entity that brings the lawsuit on behalf of the
others is referred to as the "class representative."
What types of class actions may be filed?
Most class actions are filed to recover money. Class
actions are also filed to resolve disputes over a
"limited fund," where the money available is
inadequate to fully compensate all class members.
“Declaratory judgment" class actions ask for a
decision from a court as to the rights and
obligations of the parties. Sometimes class
representatives may be asking the court to order a
person to do something or stop doing something.
That’s called an "injunctive relief class action."
For example, a class action may be filed to request
that the court order the police or authorities to
stop doing something unconstitutional or to enforce
environmental rights.
What is the point of a class action lawsuit?
Class actions enable a large group of people injured
by similar misconduct or the same defective product
to have their claims joined together in a single
lawsuit. This is critical in situations involving
hundreds or thousands of class members, where
individual damages may be small compared to the cost
of a lawsuit so that no one individual would bring a
claim because it does not make economic sense for
them to do so. In this regard, a class action
provides a way for persons and businesses with
relatively small claims that would not, by
themselves, justify hiring an attorney, to pool
their claims against an alleged wrongdoer.
Who can become a class member in a class action
lawsuit?
Any
person or entity that meets the definition approved
by the court is automatically a member of the class
in the lawsuit. However, in order to be eligible to
receive any benefit, relief or monetary recovery
that a court may eventually order as a result of the
lawsuit, class members must not opt out and they
must submit a claim to the law firm that is
representing the class or to a claims administrator
approved by the court.
How many people are needed for a class action?
Although it sometimes helps if several people are
named as plaintiffs in the suit, a single person is
generally enough to file a lawsuit so long as the
attorney for the class has a good faith belief that
a number of other people were injured in a similar
way.
What are the obligations of class members in a class
action lawsuit?
Class members are under no legal obligations other
than to be truthful in the submission of their claim
forms. They are not responsible for paying any fees
or costs associated with the lawsuit.
How long does a class action lawsuit usually take to
settle?
Since class actions are usually brought against
large corporations and involve complex legal issues,
they can take years to settle. Fortunately, class
members have very few responsibilities while a claim
is ongoing, and they are free to move on with their
lives.
Who pays for the lawyers?
In
most class action lawsuits, class members are
represented by attorneys who are paid on a
contingency fee basis. This means that the attorneys
representing the class do not receive compensation
unless the lawsuit results in some significant
benefit to the class. |