Class Action Lawsuits

Class Action Lawsuits

What is class action?

One or more people on behalf of themselves and a group of others who have the same, or similar complaints, may file a class action lawsuit. Class action lawsuits apply in a variety of situations, such as automobile defects, drug products liability, false advertising, price fixing, toxic chemicals, violations of the Fair Labor Standards Act, and faulty or unnecessary medical treatments.

Class action suits are governed by rule 23 of the Federal Rules of Civil Procedure. To file a class action lawsuit, this rule requires that the number of people in the suit is large enough that it is impractical for each to sue separately, that there are questions of law or fact common to the class, that the claims or defenses of the representative parties are typical of the claims or defenses of the class, and that the representative parties will fairly and adequately protect the interests of the class.

The majority of class action suits are filed for compensatory damages. However, a class action may also be filed to seek a declaratory judgment, injunctive relief, or to settle disputes over limited funds. Class action suits may be civil suits, which usually result in compensatory damages, or criminal suits, which usually result in prison or community work. Provided that the court agrees to certify the complaints as a class action suit, all of the members of the class will have equal say and rights to any damages or solutions ordered by the court.

If a member of the class wants to participate as a named party, he/she may seek their own counsel and participate directly in the class action lawsuit. Seeking legal representation for a class action lawsuit is central to the success of the case.