Class Action Lawsuits
A class action is a procedural device used in litigation to determine the rights of and remedies, if any, for large numbers of people whose cases involve common questions of law and fact. A class action lawsuit is brought by one person or a few people on behalf of a larger group of people who have suffered similar harm or have a similar claim.
Class actions are generally used when too many people have been affected by the subject of the claim for each of them to file a separate lawsuit. For example, class action suits are frequently used for claims of injury from defective products including pharmaceutical products and dangerous drugs. Successful class action cases have also involved tobacco and asbestos matters. Class actions are also frequently used in securities cases; in employment cases (such as mass dismissals and violations of wage/hour laws); and to stop illegal or harmful practices like oil spills and manufacturing pollution.
A lawsuit may become a class action when one or more plaintiffs, file a lawsuit claiming some kind of harm. The plaintiff(s) can then ask the court to certify the case as a class action. To have the case certified, the Lead Plaintiff and class action attorneys must show, among other things, that the case meets several criteria:
• There is a legal claim against the defendant(s).
• There is a significantly large group of people who have been injured in a similar way and the cases of members of the class involve similar issues of fact and law.
• The lead Plaintiff is typical of the class members and has a reasonable plan and the ability to adequately represent the class.
At SMS Law Group LLP we will aggressively pursue the maximum compensation provided by law. If you have Class Action questions or believe that you think you should serve as Lead Plaintiff for a potential Class Action, contact us for a free initial office consultation.