https://www.medlegal360.com/when-should-you-file-a-class-action-lawsuit/
A class-action lawsuit is frequently filed by one or more
plaintiffs on behalf of a group of people who have been injured or harmed by
the same individual, manufacturer, or industry. A class-action
suit is advocated when multiple lawsuits are filed against the same
defendant for the same allegations. Class action lawsuits may be filed for
injuries caused by defective products, toxic chemicals,
pharmaceutical drugs,
hand sanitizer, medical devices, and defective auto parts, labor laws, or
deceptive practices by corporate negligence or misconduct. Even if you have
been affected by false advertising of a consumer product, price inflation,
investment fraud, or market manipulation, you can file a class action lawsuit
alongside other affected plaintiffs.
How does it work and how does it differ from mass tort
A judge should certify the class before filing a
class-action lawsuit. One or more class members, or an entity representing the
class, must show the judge that all class members have valid claims against the
perpetrator. The plaintiffs will be notified after the evaluation that the
class has been certified to proceed with the legal proceedings. If many people
are injured by a vaccine,
they can file a class-action lawsuit. The main distinction between a class
action and a mass
tort is how the plaintiffs are viewed by the court. Both involve a group of
plaintiffs filing a lawsuit against one or more defendants or a corporation for
the same type of physical or financial harm. Both involve a number of smaller
claims that are combined and filed as a single lawsuit.
Role of the lead plaintiff
The class representative or lead plaintiff acts as a
go-between for the class and the litigator/court. He or she has the option of
retaining the services of a lawyer. Throughout the process, he or she
represents the class and communicates and consults with the lawyer about the
legal proceedings. The lead compensation percentage is determined using no
special criteria. The judge determines the percentage based on the severity of
the injuries and the final settlement amount.
Pros and cons of class-action lawsuit
Pros: All affected
people are united in their opposition to the corporate titans. Attorney fees
are split among the class members. Courts will be relieved of their case
backlog. The case can be handled by one jury and one court. Everyone does not
need to be concerned about the complexities of the legal system. Even if it
takes eons, your indemnity will be guaranteed.
Cons: It will take a
long time to settle. Individual claimants will have no say in the legal
proceedings or in the settlement decision-making process. Hiring an
inexperienced attorney by the lead will have an impact on all members of the
class, and may result in less/no compensation. If a class action fails, the
same contender cannot be sued again in the same case.
Class Action Fairness Act:
On February 18, 2005, Congress passed the Class Action
Fairness Act, amending Title 28 of the United States Code. The Class Action
Fairness Act, signed by President Bush, was enacted primarily to broaden
federal diversity jurisdiction over the majority of class and mass actions.
CAFA granted the federal court diversity jurisdiction over certain class-action
lawsuits when the aggregated compensation exceeded $5 million, the class
consisted of at least 100 claimants, and at least one of the class members was
from a different state or country. CAFA applies to all class-action
lawsuits filed on or after its ratification.
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