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.