Class Actions

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Frequently Asked Questions about Class Actions

Q: What is a class action lawsuit?

A: A "class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. If they win, they divide up the class recovery fund according to the amount each person lost.

Q: Can any lawsuit be a class action?

A: No. People seek justice in class action lawsuits when their injuries have been caused by the same defective product, such as a particular pharmaceutical drug or motor vehicle. It only makes sense for the attorney to file the case as a class action if numerous people were injured in the same way by the same product or action. Most class action statutes require a minimum number of members to form a class; some also require that each plaintiff suffered a minimum amount of damage.

The "tort reform" movement seeks to discourage citizens from safeguarding their rights through class action lawsuits by denying the class action lead plaintiff so-called "incentive awards." Contact a class action-experienced attorney to discuss pending class actions or starting a class action of your own.

Class Actions - An Overview

A "class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. Other names for lawsuits brought by a number of people who suffered similar harm or losses are "mass tort litigation" and "multi-district litigation" ("MDL"). People seek justice in class action lawsuits when their injuries have been caused by, among other things, defective products, including pharmaceutical drugs, motor vehicles and other consumer products, and medical devices. Other types of conduct over which people have sued as a class include consumer fraud, corporate misconduct, securities fraud, and employment practices. A type of class action lawsuit is the "mass tort" action. Mass tort litigation is a multi-party lawsuit based on a massive accident, such as an airplane crash, in which many people are injured or widespread personal injuries caused by a defective product, such as a medical device.

If you have been injured by a product or person and you think there are others in your situation, consult legal counsel from an attorney who is experienced in representing classes of injured people in this specific type of lawsuit.

The Role of the Lead or Named Plaintiff in a Class Action

Often the class action starts out with a few people, or even one person, approaching a lawyer for assistance in recovering for an injury. After reviewing the case, if the attorney believes there are other people with the same problem or injury, the attorney works to find other potential class members and to have the class certified by the judge as a class. If you believe you've been injured by a product or action and that there are others like you, contact an attorney who has experience in class action lawsuits.

The Class Action Procedure in Securities Class Action Lawsuits

A securities class action lawsuit is a class action lawsuit filed on behalf of investors who suffered economic loss in a stock or security due to the defendant's misconduct. Defendants who engage in fraudulent stock manipulation, for example, or otherwise violate the federal securities laws, usually cause economic injuries to many people, not just one person. These people join together to seek redress as a group by filing a class action. The group consists of all investors who suffered financial loss because they purchased shares in a corporation during the period the fraud went on. If you were the victim of a securities scheme, your best bet for recovery is to find an attorney who specializes in securities class actions.

Have Others Experienced the Same Side Effects as I Have?

Many, if not most, class action lawsuits involve pharmaceutical drugs or medical devices that cause damaging side effects. There are many examples of medical class actions, such as intrauterine devices, breast implants, penile implants, Norplant contraceptives, Phenylpropanolamine ("PPA"), and Fen-Phen diet pills. If you have been injured or someone you know was injured or killed by a defective medical device or by taking a prescription drug, it is likely that there are others who were injured in the same way. If you believe you have been injured by a medical device or drug, you should not hesitate to contact an attorney who is experienced in class action lawsuits.

Why Should I Join an Asbestos Exposure Class Action or Other Type of Class Action Lawsuit?

There are many benefits to class action lawsuits. Of particular value is the efficiency that comes with bringing together thousands of individual claims at one time that are impractical to litigate individually. In the asbestos exposure area, for example, proving the extent of exposure to asbestos and showing that the exposure caused cancer, silicosis, or mesothelioma, is a legally intensive and highly scientific undertaking. In addition to extensive legal research and preparation, the trial itself can be complicated, involving treating doctors, oncology experts, pulmonologists, pathologists, industrial hygienists, and others. To learn more about the benefits of joining a class action, contact our firm to schedule a consultation with an attorney who is skilled and experienced in class action lawsuits.

Class Action Links

Manual for Complex Litigation, Fourth
This Web site contains the fourth edition of the Manual for Complex Litigation provided by the Federal Judicial Center.

Judicial Panel on Multi-District Litigation
The Judicial Panel on Multi-District Litigation, known as the MDL Panel, determines whether civil actions pending in different federal districts should be centralized to one federal district for proceedings.

Managing Class Action Litigation: A Pocket Guide for Judges (PDF)
This Web site contains a guide for managing class action litigation provided by the Federal Judicial Center.

Class Action Information Center