Class Action Lawsuits

A class action is a lawsuit brought by one person that has a claim that is the same or similar to a larger group of people. The person bringing the lawsuit is called the “Class Plaintiff”, “Named Plaintiff” or the “Class Representative”. The larger group of people is called the “Class”. The idea behind class actions is that it provides a means for individual consumers and investors with relatively small claims to work together in a single case and be on equal footing with large corporations. They are intended to create efficiency in the judicial system by allowing for the resolution of a large number of similar claims in a single class rather than burdening the court system with thousands, tens of thousands, or even hundreds of thousands of claims that are all common and similar in nature.

Generally, class actions involve cases where the Class has been subject to the same or similar treatment by the defendant. Examples of class actions include automobile defects; fee overcharge cases, such as in real estate transactions, credit card transactions, and other cases where the Class Members are all parties to the same or similar contracts and have been overcharged in a common manner; investment losses; insurance fraud cases (such as where the insurance company wrongfully denies certain types of claims or overcharges for premiums); violations of statutes intended to protect consumers, such as the Telephone Consumer Protection Act, Fair Debt Collection Practices Act, and Fair Credit Reporting Act; defective products (such as medical devices, medicine, and electronics); unfair and deceptive trade and business practices; and investment losses.

Generally, the requirement is that the Class Representative and the Class must have common or similar claims against the defendant. The court must also agree that the Class is sufficiently numerous to justify treatment as a class action, that Representative and Class Counsel are appropriate (usually referred to as “adequate”) to represent the Class, and that a class action is a superior method for the resolution of the claims of the Class Representative and the Class.

Yes. The Class Representative must (a) assist and work with (and keep in touch with) the lawyers that represent the Class; (b) review and approve material filings in the case, (c) assist the lawyers in responding to requests for documents and to written questions, and (d) attend a deposition, mediation and trial.

It is a motion that asks the court to enter an order which finds that the case meets all of the requirements to be a class action.

No. We will represent you and the Class on a contingency fee basis. If we do not recover money for you and the Class you will not have any obligation to pay our attorney’s fees or costs. If we obtain a class action settlement with the defendant or a verdict and judgment at trial, the defendant will pay our attorney’s fees and costs, which are subject to approval by the court.

Yes. I have been litigating class action lawsuits in federal and state court since 1994, and have experience defending and bringing class actions. Since 2001 my practice has been limited to only representing plaintiffs and the class. I have been appointed as class counsel in many class actions, and have obtained settlements for the Class that provided monetary relief and required the defendant to change their business practices.