Some Facts About Class Action Lawsuits
In a class action suit, the court appoints the lead plaintiff to represent the entire group of claimants involved in the lawsuit. This group is known as the “class”. Any of the individuals involved in a class action case can apply to be a lead plaintiff, but they have to apply within sixty days of the publication of the class action suit’s first legal notice. A lead plaintiff can enjoy many advantages, including close contact with class action group’s lawyers about the way the case is progressing as well as the chance to hold sway over the actions of the group’s lawyers and perhaps even the court’s eventual decision. One disadvantage of being a lead plaintiff is that one must give testimony at a deposition in order to demonstrate that the class has in fact suffered.
Class action lawsuits are civil suits in which a group of plaintiffs simultaneously sue for damages they have suffered from the same source. Class action cases must have at least one plaintiff who has suffered injury from this source who consents to take on the responsibilities of lead plaintiff (sometimes also called a “class representative”).
Without a doubt, no one is required to become the lead plaintiff in a class action suit. In fact, any person who can show that they have also incurred damages from the source in question is automatically considered to be part of the class action and therefore deserve a portion of any settlement the class reaches through the lawsuit. In class action suits, plaintiffs’ lawyers are compensated from the common settlement fund as mandated by a court order. Also, the plaintiffs’ representation only receives payment if the court decides in their favor.
Mueller Hillin specializes in Class Action cases in Philadelphia, Atlanta, Houston and Austin.
Class Action Litigation Experts
A class action lawsuit is filed on behalf of a group of people who have been in some way injured by the actions of a company. It is common to see class action lawsuits filed by members of the company if hiring or salary practices have been illegal. Another type of class action lawsuit is the kind filed against a drug company for making illegal claims about their product, or for causing deaths or physical damage to those taking the drug.
When one joins a class action lawsuit, one usually has to sign papers declaring that he or she then forfeits the right to sue the company as an individual. A successful class action lawsuit awards damages to the plaintiffs, who are those suing the company, according to greatest damage. In most cases not all members of the suit are entitled to equal compensation. Usually the attorneys work on a contingency basis, which means that they will receive a portion of the award but charge their clients no fees if the suit is not successful. That portion can be high, ranging from 30 to 50 percent of the total award.
Awards from a class action lawsuit are split into two portions: punitive and compensatory damages. Compensatory damages are meant to address the defendants (those being sued), and direct damage. These funds will be used to address actual damages caused by the defendants, such as illness, loss of life, and/or pain and suffering. Punitive damages from a class action lawsuit are a form of punishment for the company committing illegal acts, or causing harm. Punitive damages in large class action lawsuits can be particularly high, when it is demonstrated the company has shown great disregard for the health, safety or emotional well being of the plaintiffs.
Mueller Hillin specializes in Class Action cases in Philadelphia, Atlanta, Houston and Austin.
Class Action Lawsuits and You
A Class Action is a civil lawsuit brought on behalf of many people who have been harmed in a similar manner. A class action cannot be prosecuted unless at least one person harmed by the conduct is willing to serve as a class representative, also known as a lead plaintiff. A lead plaintiff is one or more persons appointed by the court to act as the representative of the class (the class is the group of people who have suffered harm from the source in question).
Anyone who is a member of a class can apply to be appointed as a lead plaintiff within sixty days after a notice of the first class action has been published. A lead plaintiff can communicate with the lawyers about the progress of the case and may have the right to influence the lawyers and, thus, the outcome of the case. A lead plaintiff will probably be required to offer testimony at a deposition, describing how the “lead plaintiff” was harmed.
Of course, one may always choose not to apply to be appointed as a lead plaintiff, because any individual who is able to demonstrate that they have also experiences harm from the same source is automatically determined to be part of the class action and are therefore allowed a share of any settlement that the class obtains through the lawsuit. The plaintiffs’ attorneys are paid out of the common settlement fund in accordance with an order from the court in which the case is pending, and only if the case is successful.
Until the litigation process is completed and the claims administrator has completed all claims processing procedures there is no way of determining an individual’s recovery. The typical class action case takes approximately two to four years from the time the initial complaint is filed until it is concluded.
Mueller Hillin specializes in Class Action cases in Philadelphia, Atlanta, Houston and Austin.
Class Action Lawsuits: Mueller Hillin
Class action lawsuits are civil cases in which a group of claimants brings a suit at the same time for damage they have suffered from the same source. Class action cases require that at least one plaintiff who has suffered injury from this source who consents to take on the responsibilities of lead plaintiff (sometimes also called a “class representative”).
The lead plaintiff is appointed by the court to represent the entire group of claimants who are bringing the lawsuit. This group is also known as the “class”. Any of the claimants involved in a class action case can apply to be a lead plaintiff, but they must apply within sixty days of the publication of the class action suit’s first legal notice. A lead plaintiff enjoys many perks, including close communication with class action groups attorneys about the progress of the case as well as the opportunity to affect the actions of the group’s lawyers and maybe even the court’s eventual decision. One negative aspect of being a lead plaintiff is that you have to give testimony at a deposition in order to show how the class has suffered.
Naturally, no one is required to apply for the lead plaintiff position. To the contrary, any person who can show that they have also experienced suffering from the source in question is immediately considered part of the class action and are deserving of a portion of any settlement the class reaches because of the lawsuit. In class action suits, plaintiffs’ counsel is remunerated from the common settlement fund as stipulated by a court order. Also, the plaintiffs’ representation only receives payment if the court decides in their favor.
Mueller Hillin specializes in Class Action cases in Philadelphia, Atlanta, Houston and Austin.
Dec. 09 blog–class action lawsuit
A Class Action lawsuit involves a suit brought by one or more persons, filed on behalf of a group of individuals who all share the same grievance, or who have been harmed in the same way by the same entity.
The cost of filing and fighting a lawsuit can cost a great deal of money, putting justice out of reach for the average person. However, if that person becomes a part of a class (defined as a group of people who share a similar situation), and if that class of people can find a lawyer who is willing to finance and litigate a lawsuit, then all members of the class have a chance to see the wrongdoing against them made right.
In a class action lawsuit, the number of named plaintiffs is generally very few—in fact, it is common in this sort of lawsuit to have only one or two named plaintiffs. However, those plaintiffs represent many other people—sometimes numbering in the hundreds, thousands, or even millions of people.
The damages sought for harm done to a single person may amount to a relatively small amount of money. For example, say an individual is wrongfully charged an extra $10 fee when he or she buys a product or service. Though this represents an injustice, the cost of filing a lawsuit will likely far outweigh the amount of damages being sought. But when that $10 is multiplied by the number of people who had to pay it, the amount could be a profit of hundreds of thousands, even millions of dollars to the company that charged the bogus fee. A successful class action lawsuit can force the company to pay back all the members of the class, and to pay an additional penalty.
The Mueller Hillin Law Firm specializes in Class Action Law in Philadelphia, Atlanta, Houston and Austin. If you believe you may have grounds for a class action lawsuit, please contact us today.
Dec. 09 blog 2–Class Action Lawsuit
A Class Action is a civil lawsuit submitted on behalf of several people at once who have been suffered damage or harm from a similar source. A class action must have at least one person from among the claimants who have been harmed by the conduct in question who is willing to act as a class representative (also known as a “lead plaintiffâ€).
A lead plaintiff is one or more persons appointed by the court to act as the representative of the class (the group of plaintiffs bringing the lawsuit). Any individual who belongs to a group of class action plaintiffs can apply to be appointed as a lead plaintiff within sixty days after a legal notice of the first class action suit has been published. The advantages of being a lead plaintiff include direct communication with the class action lawyers about the progress of the case and the ability to possibly influence the lawyers and, in turn, the outcome of the case. The disadvantages of being a lead plaintiff include being required to offer testimony at a deposition that will describe how the “lead plaintiff” was harmed.
It is, of course, perfectly acceptable to choose not to apply to be appointed as a lead plaintiff, as any individual who can show that they also suffered damages or harm from the same source are automatically considered part of the class action and are thus entitled to a share of any judgment or settlement that is obtained on behalf of the class. In a class action case, the plaintiffs’ lawyers are compensated from the common settlement fund in compliance with an order from the court in which the case is pending. Furthermore, the plaintiff’s attorneys are paid only if the case is successful.
Mueller Hillin specializes in Class Action cases in Philadelphia, Atlanta, Houston and Austin.
