Class Action
Gordon & Doner, P.A. is an experienced class action law firm. Class action lawsuits are generally defined as groups of people suffering similar harm or losses caused by corporate misconduct, consumer frauds, defective products, business frauds and discrimination. The purpose of a class action is to secure a judicial remedy that not only eliminates a wrong committed against an individual, and compensates him or her for the effects of that wrong, but that also provides such remedies for everyone else in a definable class who has suffered as a result of the same wrong.
There can be numerous causes for the type of harm or loss that gives rise to a class action lawsuit, including:
- Consumer fraud
- Corporate misconduct
- Employment discrimination
- Environmental law /toxic torts
- Insurance fraud
- Finance fraud
- Federal False Claims Act (QUI TAM)
- Securities fraud
Class action litigation is a way for consumers to effectively challenge powerful interests by allowing a large number of plaintiffs with the same complaint to bring an action jointly against a common defendant.
There are several requirements for a case to qualify as a class action:
- Numerosity -- there must be multiple plaintiffs
- Commonality -- the plaintiffs must all have a common complaint against the defendant
- Typicality -- the complaint must arise out of the same, specific set of circumstances
- Adequacy of representation -- it must be possible for one or a few of the plaintiffs to effectively represent the entire class of plaintiffs in the proceedings
Also, viability of defendant: Although it is not a requirement of the court, it is reasonable to assume that if the accused does not have the means to compensate for the alleged damages and legal costs, it would be difficult to entice a law firm to represent the class.
It is up to the court to approve the definition of the class. This stage of the lawsuit is called “class certification.” Any person or entity that meets the definition approved by the court is automatically a member of the class in the lawsuit, but any class member is normally always given a chance to opt out (decline to be considered a member of the class) if he or she wants to pursue another remedy or no remedy. However, in order to be eligible to receive any benefit, relief or monetary recovery that a court may eventually order as a result of the lawsuit, class members must not opt out and they must submit a claim to the law firm that is representing the class or to a claims administrator approved by the court.
If you have any legal questions regarding class-action lawsuits, contact Gordon & Doner, P.A. Our firm believes that our system of justice works best when skilled attorneys who have the resources to fully prepare and try a case represent both sides.
Please complete our online contact form or call us toll free at 1-888-ForTheInjured (1-888-367-8434).
For more information, please see the following related page on our
website:
Defective Products
