What Are Class Action Lawsuits
The US law is generally really complicated due to the robustness of the system. However, the reason why the system is so complicated is because it is comprehensive and detailed.
That, however, also means that there aren’t many people who can understand it in much detail, and especially not all of it. Those who can, the legal experts typically keep a lot of that knowledge for themselves and earn a lot of money for their skills. We talked to attorneys at Dunn, DeSantis, Walt, & Kendrick, LLP about the topic of class action lawsuits, what they are and how they function.
What Is Class Action
If there is a service or a product that a lot of people feel has been damaging to them in any way, they are entitled to file a collective or class action lawsuit. These types of lawsuits exist for situations when there are too many plaintiffs to process individually. One person or a small group of people are designated as lead plaintiffs and they file a lawsuit.
At that point, they are entitled to certify this lawsuit a class action one.
How to Certify a Lawsuit as Class Action
There are certain criteria which need to be met in order to proclaim the issue a class action lawsuit. First and foremost, there needs to be a legal claim against the defendant or defendants which the plaintiffs can prove with a degree of probability. The second part is that there are enough people who want to file a lawsuit. The complaints of these people need to be the same or very similar to the complaints of the lead plaintiff or plaintiffs.
What this provision essentially means is that the class action lawsuit is only available as an option of the same problem has caused real or perceived harm to a large number of people.
Finally, the lead plaintiff needs to have a plan and the ability to lead the whole class. They need to represent the whole class fairly and cannot have any kind of conflict with other members of the class, otherwise, the case might fall apart.
What Kinds of Cases Are Turned Into Class Action Lawsuits
One of the most common types of cases which people turn into class action lawsuits are faulty products which people bought, such as toys, chairs and similar. Another very common field where class action lawsuits are quite prevalent is the cosmetics and pharmaceutical industries where a bad batch of product can really reach a large number of people and cause some serious harm. The company Johnson’s recently had one very highly publicized class action lawsuit over their talcum powder.Finally, transportation agencies such as airlines and limo rentals are also very open to such lawsuits, especially if there is a problem with the regular schedule of transportation or if a vehicle breaks down for some reason.
How Companies Defend Against Such Lawsuits
Even though there are lawsuits which are perfectly justified and the companies very often face up to the problem and settle, either in or out of court, there are some instances of highly frivolous class action lawsuits. As business attorneys claim, it is fairly difficult to represent a company in these cases in California since the law favors the plaintiffs, but there are ways to challenge the claims and win cases.
However, companies facing class action lawsuits need to be willing to change their policies and approach to customers, sometimes quickly and drastically in order to come on top.