Representing Injury Victims in Class Actions
You have likely heard the legal term “class action,” but unless you have been involved in one, you may not know precisely what it refers to. A class action is a type of lawsuit recognized by the courts where there are numerous plaintiffs who have suffered the same kind of harm against a common defendant. Some of the largest class-action lawsuits have been against the tobacco industry, car manufacturers, and pharmaceutical companies.
At Denlea & Carton, we represent individuals in class action litigation. At Denlea & Carton, we represent individuals in class action litigation. We are currently investigating two notable consumer class action cases: the NuGo Smarte Carb Bar and CopperFit products containing Menthol and CoQ10.
Whether you believe that there is a current class-action lawsuit that you should join or you have suffered harm similar to others from a liable company, we might be able to help. Our White Plains class action lawsuit lawyers can help determine your legal options. Contact our office today at (914) 417-4623 for a free, no-obligation consultation.
What Are Class Action Lawsuits?
What Are Class Action Lawsuits?A class-action lawsuit is a civil procedure that allows the courts to join together several claims who have suffered a similar type of harm against a common defendant or defendants. A class action is generally used when numerous plaintiffs file lawsuits against a particular defendant.
Grouping the plaintiffs into a class action makes the litigation more manageable for the parties and the courts. Since the plaintiffs are often spread out across the country, a class action helps eliminate “inconsistent or varying adjudications with respect to individual class members.”
What Are the Rules for a Class Action Lawsuit?
Under Rule 23 of the Federal Rules of Civil Procedure (FRCP), there are several prerequisites for establishing a class action. In a class action, one or a select few members serve as a representative party.
Under Rule 23(a) prerequisites for class actions:
- “The class is so numerous that joinder of all members is impracticable;
- There are questions of law or fact common to the class;
- The claims or defenses of the representative parties are typical of the claims or defenses of the class; and
- The representative parties will fairly and adequately protect the interests of the class.”
In the event that the lawsuits do not meet the prerequisites for a class action, they may still go forward as independent litigation or may be consolidated into a mass tort.
Examples of Class Actions
The court may certify a class if there is a common harm and a common question of fact or law. In the past decade, there have been several multibillion-dollar class-action lawsuits settled against some of the largest corporations in the United States.
Examples of class action litigation:
- $206 billion settlement against big tobacco for deceptive marketing practices;
- $26 billion agreement against drug distributors in the opioid crisis; and
- $14.7 billion settlement in the Volkswagen emissions scandal.
Other successful class-action litigation has gone against manufacturers of defective products, dangerous drugs, and environmental hazards. If you believe that you have suffered injury as a result of a company’s negligence or wrongdoing, contact our class-action lawsuit lawyers today for a free consultation.
What Is the Average Settlement of a Class Action?
What Is the Average Settlement of a Class Action?Settlements and verdicts in class action litigation can range significantly depending on the type of harm suffered by the class, the actions of the defendant, and the number of people involved.
As noted above, some of the largest settlements in history are the result of class-action lawsuits. Multimillion or multibillion-dollar settlements and verdicts are not out of the question in class-action lawsuits.
Is Mass Tort Litigation the Same as a Class Action?
Mass tort litigation differs slightly from class-action lawsuits. Despite some people using the terms interchangeably, they actually differ procedurally.
For example, in a class-action lawsuit, specific criteria must be met, and the court must certify the class. A class representative is selected to stand in for the rest of the members. The class is then treated as a single plaintiff represented by the class representative.
Class actions specifically cater to cases where a large group of plaintiffs have suffered similar injuries. Mass tort caters more to a smaller group of plaintiffs that may have slightly differing injuries. In mass tort litigation, the court will still consolidate the cases to make them more manageable, but plaintiffs are still treated as individuals.
Hiring an Experienced Class Action Lawyer
Contact our office today if you or someone you love has suffered harm and is interested in pursuing a class-action lawsuit. Call (914) 417-4623 to schedule a free, no-obligation consultation.
Cases are accepted on a contingency fee basis, meaning there are no fees unless we win. Don’t wait; call our White Plains class action lawsuit lawyers today to discuss your legal options. Our legal team has recovered over $100 million in verdicts and settlements for our clients and will fight hard to ensure that you get the recovery you deserve.
