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Published: February 1, 2007
If a company produces a defective or hazardous product and it causes injury, illness, pain, suffering or just isn't right, the average citizen may be really upset and want to do something about it, but what? Who is really to blame? How can a citizen afford a lawyer to go up against a large corporation if he or she can barely pay the rent? If the product really is defective, most likely there are other consumers who have also experienced similar pains.
When a group of people pool together a class action lawsuit can be filed against a company.
Class action lawsuits offer the average citizen a fighting chance against a company. Often class action lawsuits involve hundreds, maybe even hundreds of thousands of people who all share similar circumstances. The pending class action lawsuits members file a suit and it is prosecuted on behalf of the large group. Because the group involves such a high number of people, there are too many for the courts to handle and therefore they join as one. Often the group of people involved in class action lawsuits are dispersed throughout the country or even other parts of the world. The court system simply can not manage the complaints experienced by a large number of class action lawsuit members, especially when they are located throughout the world.
Class action lawsuits were formed by English courts. They were the first to make an exception to the rule that litigation be only conducted on behalf of a single party. The American courts followed and in 1842, the Supreme Court announced Rule 48, in which the courts would hear lawsuits involving parties too large in numbers to be brought before the court. This rule was later amended in 1912 becoming Rule 38. This most recent law in class action cases allow other victims to join later in the lawsuit, even after the lawsuit has been through trial. Basically, if it's ruled that a company must pay for all the hidden fees and someone else was also a victim, that person can file and may also receive compensation.
The basic structure of class action lawsuits begins with the problem. For example, an individual finds that he or she is wrongfully charged a fee from a company, and tries to correct the matter by contacting the company, but the company will not cooperate. This individual discusses the problem with his or her friends and neighbors and finds that they also have been over charged. Together, they hire an attorney who gives notice to company. Often times there is no response from the company. The lawyer then goes ahead and files a suit on behalf of one or more parties.
The court must first certify the case as class action. When the court certifies the case, a class action lawsuit is put into motion. What happens next takes time. There is a lot of work on the lawyer's behalf. Letters are sent out for the pending class action lawsuit to those who may have also been wronged by company. Months can go by before the lawyer even gets into a courtroom. Often class action lawsuits take a year or so, but most have gone on for over three years. Most often class action lawsuits are settled out of court. The company being accused commonly takes a while before coming forth and putting an offer on the table.
Many current class action lawsuits are against particular industries such as tobacco, insurance, brokerage, etc. Other class action lawsuits can be a bit tricky, like suing for asbestos exposure. These days, current class action lawsuits include suing companies over just about anything from contracts, hidden fees, even the Trans fat content of fast food. There are five broad categories for class action lawsuits: accident, consumer, medical malpractice, job disasters and accidents, and drugs and medical induced injury.
Very often class action lawsuits are settled out of court. Most of the time, the court is going to agree to any arrangement that is reached by the two parties. If no arrangement can be made, then the case goes to court. The type of settlements awarded from class action lawsuits range from money to a discount on a product. Very often each person involved receives little compensation.
Class action lawsuits allow groups of people to band together and fight for a similar cause. Individuals interested in filing class action lawsuits or concerned over pending class action lawsuits can contact a lawyer, search online, or check in a major newspaper like the USA Today or the Wall Street Journal. The laws are there to protect consumers, so do not hesitate to look into a class action lawsuit in order to right a wrong.
Sources:
"Class Action." Cornell Law School. 2 Oct. 2006. 23 Jan. 2007 <http://www.law.cornell.edu/wex/index.php/Class _Action#Class_Action:_An_Overvie>.
"Class Action Lawsuits." Class Action Lawsuit. 23 Jan. 2007 <http://www.classactionlawsuit.org/>.
“Class Action Lawsuits." Web Access. 23 Jan. 2007 <www.web-access.net/~aclark/frames45.htm>."What is a Class Action Lawsuit." Free Advice. 22 Jan. 2007 <www.law.freeadvice.com/financial_law/broker_di sputes/class_action.htm>.
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Class action lawsuits offer the average citizen a fighting chance against a company. Often class action lawsuits involve hundreds, maybe even hundreds of thousands of people who all share similar circumstances. The pending class action lawsuits members file a suit and it is prosecuted on behalf of the large group. Because the group involves such a high number of people, there are too many for the courts to handle and therefore they join as one. Often the group of people involved in class action lawsuits are dispersed throughout the country or even other parts of the world. The court system simply can not manage the complaints experienced by a large number of class action lawsuit members, especially when they are located throughout the world.
Class action lawsuits were formed by English courts. They were the first to make an exception to the rule that litigation be only conducted on behalf of a single party. The American courts followed and in 1842, the Supreme Court announced Rule 48, in which the courts would hear lawsuits involving parties too large in numbers to be brought before the court. This rule was later amended in 1912 becoming Rule 38. This most recent law in class action cases allow other victims to join later in the lawsuit, even after the lawsuit has been through trial. Basically, if it's ruled that a company must pay for all the hidden fees and someone else was also a victim, that person can file and may also receive compensation.
The basic structure of class action lawsuits begins with the problem. For example, an individual finds that he or she is wrongfully charged a fee from a company, and tries to correct the matter by contacting the company, but the company will not cooperate. This individual discusses the problem with his or her friends and neighbors and finds that they also have been over charged. Together, they hire an attorney who gives notice to company. Often times there is no response from the company. The lawyer then goes ahead and files a suit on behalf of one or more parties.
The court must first certify the case as class action. When the court certifies the case, a class action lawsuit is put into motion. What happens next takes time. There is a lot of work on the lawyer's behalf. Letters are sent out for the pending class action lawsuit to those who may have also been wronged by company. Months can go by before the lawyer even gets into a courtroom. Often class action lawsuits take a year or so, but most have gone on for over three years. Most often class action lawsuits are settled out of court. The company being accused commonly takes a while before coming forth and putting an offer on the table.
Many current class action lawsuits are against particular industries such as tobacco, insurance, brokerage, etc. Other class action lawsuits can be a bit tricky, like suing for asbestos exposure. These days, current class action lawsuits include suing companies over just about anything from contracts, hidden fees, even the Trans fat content of fast food. There are five broad categories for class action lawsuits: accident, consumer, medical malpractice, job disasters and accidents, and drugs and medical induced injury.
Very often class action lawsuits are settled out of court. Most of the time, the court is going to agree to any arrangement that is reached by the two parties. If no arrangement can be made, then the case goes to court. The type of settlements awarded from class action lawsuits range from money to a discount on a product. Very often each person involved receives little compensation.
Class action lawsuits allow groups of people to band together and fight for a similar cause. Individuals interested in filing class action lawsuits or concerned over pending class action lawsuits can contact a lawyer, search online, or check in a major newspaper like the USA Today or the Wall Street Journal. The laws are there to protect consumers, so do not hesitate to look into a class action lawsuit in order to right a wrong.
Sources:
"Class Action." Cornell Law School. 2 Oct. 2006. 23 Jan. 2007 <http://www.law.cornell.edu/wex/index.php/Class _Action#Class_Action:_An_Overvie>.
"Class Action Lawsuits." Class Action Lawsuit. 23 Jan. 2007 <http://www.classactionlawsuit.org/>.
“Class Action Lawsuits." Web Access. 23 Jan. 2007 <www.web-access.net/~aclark/frames45.htm>."What is a Class Action Lawsuit." Free Advice. 22 Jan. 2007 <www.law.freeadvice.com/financial_law/broker_di sputes/class_action.htm>.
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