Class Action Lawsuits – Prosecution or Defense
A class action lawsuit is an important legal tool. However, this means of asserting a claim is only appropriate in certain circumstances where a party or parties inflict a harm on a broad class of people. Class action lawsuits can be appropriate in a broad array of contexts including consumer protections matters, claims after an environmental disaster, securities class actions, injuries due to a prescription drug or medical device, or employees who claim to be discriminated against through a pattern of actions. The class action lawsuit can give a large group of injured people the legal means to receive compensation for their losses, injuries, or other damages.
However, class action lawsuits are particularly technical and complex legal actions. A legal misstep regarding any element of the claim or class action procedure can delay or adversely impact your claim. The experienced legal team of Meredith & Narine is seasoned in both pursuing and defending against class action lawsuits. We approach every legal matter in a meticulous and strategic manner.
What is a Class Action Lawsuit?
At its core, a class action lawsuit is one where a core group or single individual takes legal action on behalf of a larger group of people. The core group or single individual taking the legal action is known as the class representative. The larger group that is having action taken on its behalf is known as the class. In order for the class action lawsuit to survive a challenge to its legal sufficiency two facts must be true:
- The number of persons affected or impacted by the wrong or damages must be so numerous so as to make it impracticable for them all to appear in court.
- The issues in question are in common among the class.
- The claims or defenses presented by the representative class are typical of those of the class on a whole.
In addition, selecting an attorney with the proper experience and resources is essential in a class action. Rule 23(g) of the Federal Rules of Civil Procedure sets forth the criteria the class action attorney must be able to satisfy. Working with attorneys already experienced in both the legal subject matter and the class action procedures, such as the attorneys of Meredith & Narine, can prevent needless complication in the class action lawsuit.
Why do the Courts Permit Class Action Lawsuits?
The promise of the class action lawsuit is that it can allow an injured person or group of injured people to take action against organizations and individuals that inflict harm broadly. In some cases, a large group of disadvantaged people may only be able to bring suit due to the class action lawsuit. For instance, a group of minimum wage workers may be able to bring action against a multinational company for a pattern and practice of unpaid work and other wage theft.
Other reasons for the need for class action lawsuits includes our industrial mass production society. In a world where hundreds of thousands or millions of products are shipped to all corners of the globe it would be redundant and inefficient to treat each action individually. For instance, if it is shown that a particular car’s brakes wear down extremely quickly and need to be replaced far sooner than guaranteed, the facts in each of these matters for compensation would be relatively the same. It is more efficient to adjudicate these similar matters in a single class action rather than repeat substantially similar actions hundreds of thousands of times. Furthermore, handling the matter in a single legal proceeding reduces the risk that different courts will reach different conclusions resulting in confusion and protracted litigation due to conflicting precedents.
Plaintiffs & Defendants Rely on Our Class Action Practice & An Experienced Business Litigation Attorney
The dedicated and meticulous attorneys of Meredith & Narine are experienced in pursuing and defending against a broad array of class action matters. Whether your action is employment, securities, product liability, or personal injury related our experienced attorneys can address your concerns and worries. Our lawyers strategically pursue or defend against the class action or mass tort claims.
To schedule a confidential class action lawsuit consultation, contact our experienced legal team by calling 215-995-2769 or contact us online today.