Litigation Newsletter

  • Use of Expert Witnesses in Litigation
    Authorities suggest that “lay” witnesses may testify to conclusions drawn from their own observations, while an “expert” expresses an opinion based on special knowledge, skill, experience, training, or education.... Read more.
  • Franchisor Vicarious Liability for Wrongful Acts of Franchisees
    An increasing array of goods and services are offered through “franchises.” Franchising is not a new concept, but it has exploded in popularity; according to statistics compiled by Price Waterhouse Coopers in 2005 (the... Read more.
  • Filial Consortium Damages in Wrongful Death Actions
    Husbands and wives have traditionally been entitled to recover damages for “loss of consortium.” In cases where a spouse is severely injured or killed, the non-injured spouse will typically sue the wrongdoer for her loss of... Read more.
  • Enforceability of Waivers of Liability
    In general, individuals may be held liable for damages arising from their negligence, and businesses may be held liable for the negligence of its employees. However, it may be possible to avoid such liability under certain circumstances... Read more.
Litigation News Links

Advantages of a Class Action Lawsuit

A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including:

  • A mass accident – usually a single event such as an airplane crash
  • Widespread personal injuries – usually involving defective products such as tires or pharmaceuticals

How Is a Class Action Lawsuit Brought?

There are usually four steps prior to beginning a class action claim:

  1. Define the class – To define the class is to identify the individuals with similar claims who would like to participate in the class action lawsuit.
  2. Choose a representative plaintiff – Injuries or afflictions beyond that of class members is not necessary. However, the representative plaintiff should possess the ability to fairly and accurately represent the entire class.
  3. File a Statement of Claim – This is a descriptive statement about the suit that must be filed with the court.
  4. Have the claim certified as a class action – If the court certifies the Statement of Claim, the court has granted permission for the claim to proceed as a class action. After this, the lawsuit may begin.

The Advantages of a Class Action Lawsuit

There are several advantages to bringing a class action lawsuit. First, the class benefits from the perception of strength in numbers. Additionally, class actions allow individuals who might not otherwise pursue legal action an opportunity to have their grievance heard. Class actions also serve to funnel numerous possible court actions into one, thereby relieving the burden on courts.

Class action parties are usually represented by attorneys on a contingency basis, meaning the attorney will receive a portion of the settlement if awarded. If there is no settlement, there is typically no requirement of any payment of attorneys’ fees by the individuals of the class.