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Class-Action-Lawsuits

What is a Class Action Lawsuit?

There are some lawsuits where there are so many plaintiffs involved in the same legal controversy with the same defendant(s) that individual lawsuits wouldn't be practical. When you have numerous plaintiffs, courts may permit you to file a class action lawsuit. Class action lawsuits were instituted to be an efficient manner of resolving a dispute involving a significant number of plaintiffs.

Class Action Lawsuits are Procedural

A class action lawsuit is more about the consolidation of plaintiffs than an area of substantive law. A class action lawsuit can deal with any sort of issue, such as the lawsuits against tobacco companies or shareholders' lawsuits against a corporation.

The laws for class action lawsuits are determined by the applicable rules of civil procedure. A class action lawsuit can be filed in federal or state court, so either the federal or state rules will apply. Each set of rules has its own requirements for filing a class action lawsuit, so working with a local attorney can help you understand the laws and how each affects your case.

How Do You Certify a Class?

While the rules may vary, it’s typically required that the class of plaintiffs be certified by a judge. Usually, the following requirements must be present:

• The number of plaintiffs must be so large that it would not be practical for individual lawsuits
• The nature of all class members' claims must involve a common question of law or fact (otherwise everyone would file his or her own individual claims); finally,
• The individual representing the class must be a member of the class and his or her claim must be typical of the rest of the class's claims (to ensure that the representative will adequately represent the interests of the class).

Other factors may be required to demonstrate that a class action lawsuit would be the best way of resolving a legal dispute. Some factors include:

• The possibility that multiple individual suits would produce inconsistent results
• The defendant's action applied to the entire class
• If there is at least one predominant question that is common to all members of a class

You May Already Be Involved in a Class Action Lawsuit.

At some point in time, you may receive a letter in the mail informing you that you were included in a class action lawsuit. Usually, some form of notice is required for all potential class members so they can choose whether or not to stay in the class.

If you remain in the class, you will be bound by the final outcome of the case; however, even if you remove yourself from the class to file your own suit, you may still be bound by certain issues that are resolved in the class action suit. The courts prefer consistency.

If you are considering filing a lawsuit that may potentially have many plaintiffs, an attorney can advise you whether a class action lawsuit is an option. And if somebody else has filed a class action lawsuit and has made you a member of the class, a local attorney can advise you whether to stay with the class or opt out and file your own lawsuit.

Connect with a local attorney familiar with class action lawsuits through AttorneyFind today.