Some Facts About Class Action Lawsuits

Published on July 23rd, 2010 in Uncategorized

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.