Class Action Cases in 2021
Class Action Cases in 2021
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Estate of Frank Townsend v. RJ Reynolds, et al.
Morgan Stanley Data Security Litigation
Stephen Davis v. Levon Clark, Ricardo Williams, Marty Grifka and Derek Pak
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Coleman v. Martinez
Gold v. Lumber Liquidators
Clemmons v. ECORE et. al, Philadelphia County
Brink v. Ruiz
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Class Action Cases in 2021
When numerous people suffer injuries due to the negligence of another party, they might be able to file a class action lawsuit. These lawsuits are very different from ordinary personal injury lawsuits. More on that shortly.
At Morgan and Morgan, we have handled many class action cases and helped plaintiffs recover compensation for their injuries. So if you or your loved one has been injured due to someone else’s negligence, get in touch with us for a free case evaluation. While at it, check out our class action cases in 2021 to learn how we might be able to help.
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What Is a Class Action Lawsuit?
A class action lawsuit is a lawsuit filed by many plaintiffs against one defendant. This lawsuit alleges that the defendant’s actions harmed the plaintiffs. The whole point of a class action lawsuit is to have multiple cases tried under one roof, meaning each plaintiff will not need to file an individual case against the same defendant for the same injuries.
To put things into perspective, let’s say you were injured by a dangerous product. You then discovered that one million other consumers suffered similar injuries. In that case, rather than hearing one million cases one million times, all these cases are compressed into one major case.
A lead plaintiff is then appointed to represent the members of the class.
What Is a Class?
A class is a collection of multiple plaintiffs suing a defendant for the injuries they sustained due to the defendant’s actions or inactions. So when you join a class action, you are considered a class member.
What Are Some Common Examples of Class Action Lawsuits?
Class action lawsuits can be filed for many different reasons. Common examples of these lawsuits include:
- Consumers who have been targeted and harmed by fraudulent business practices may be able to sue the businesses in question.
- Investors who have been misled by fraudulent information might file a class action lawsuit to seek compensation for the damages they suffered.
- Employees whose rights have been violated in the workplace can file a class action lawsuit against their employers.
- Consumers who have been injured by a defective or dangerous product can sue the product manufacturer, distributor, advertiser, or any other liable party.
What Are the Requirements of a Class Action Lawsuit?
For a case to qualify as a class action, it must meet the following essential requirements.
As mentioned earlier, class action lawsuits involve numerous plaintiffs who have been injured by a common defendant. Although there is no specific number of plaintiffs required to be able to file a class action lawsuit, the court usually has the final say as to whether or not a particular case qualifies as a class action. That said, the judge will likely consider whether it is possible to file individual claims for these cases. If filing individual claims is not an option, then chances are the case qualifies as a class action.
For a case to qualify as a class action, the plaintiffs must have factual legal issues against the defendant. In other words, you must have a valid ground reason for filing the lawsuit.
The law also requires that everyone intending to be part of a class action lawsuit have similar claims against the same defendant as with other plaintiffs. For example, suppose you intend to sue a product manufacturer for the damages you sustained while using the same product. In that case, other plaintiffs must also have a similar claim against the defendant.
Lastly, one individual must be able to represent the interests of other group members fairly. After all, that is the whole point of filing a class action lawsuit—to allow one member to represent the other plaintiffs.
How Do I File a Class Action Lawsuit?
It is important to note that before a particular case is allowed to proceed as a class action lawsuit, it must have the court’s approval. In other words, the court will review the case to determine whether it meets the abovementioned requirements. The judge will issue the go-ahead to file a class action lawsuit if it meets these requirements.
Therefore, it is advisable to contact an experienced attorney before filing a class action lawsuit. The attorney will review your case to determine whether it qualifies as a class action and then advise you on how to proceed.
Can I Become a Lead Plaintiff in a Class Action Lawsuit?
Yes, you can become a lead plaintiff in a class action lawsuit. All you need to do is consult an experienced class action attorney for a case evaluation. If you have a valid claim, the attorney will explain the responsibilities of the lead plaintiff in a class action lawsuit.
What Are the Responsibilities of a Lead Plaintiff in a Class Action Lawsuit?
Since the lead plaintiff represents the interests of other class members, they are responsible for making critical decisions on behalf of the class. Examples of these responsibilities include:
- Which attorney to hire
- Filing a class action lawsuit against the defendant
- Consulting the attorney about the case
- Helping the attorney gather crucial evidence against the defendant
- Giving their testimony in court
- Agreeing to the terms of the settlement
Note that there can be more than one lead plaintiff in a class action lawsuit. All you have to do is speak with an attorney to find out more about your options.
In addition, as the lead plaintiff, you will receive a larger percentage of the settlement if you win the case. The attorney will also deduct their fees and other legal expenses and then distribute the remaining amount to other class members.
Can I File a Personal Injury Lawsuit if I Am Part of a Class Action Lawsuit for the Same Allegations Against the Defendant?
When you agree to join a class action, you lose your right to file an individual personal injury lawsuit against the defendant. This also explains why it is always important to consult an attorney for a case evaluation before deciding on the best legal pathway.
Filing a class action lawsuit might not be the best pathway if your injuries are unique. In that case, the attorney might recommend pursuing a regular personal injury lawsuit to seek compensation for your damages.
Can My Employer Retaliate Against Me for Filing a Class Action Lawsuit?
No. It is illegal for employers to retaliate against employees who take any legal action against them or participate in any other protected activity in the workplace. Therefore, if your employer retaliates against you, a labor and employment attorney might be able to hold them responsible.
It is worth noting that Morgan and Morgan files the most labor and employment litigation cases in the United States. So if you believe you have a valid case against your employer, fill out our free case evaluation form today to find out how we might be able to help.
What Is the Average Settlement Amount for a Class Action Lawsuit?
It is impossible to calculate the average settlement for class action lawsuits. This is because each case is unique. For this reason, you should always avoid attorneys who promise to help you recover a specific amount of money as compensation for your injuries, especially without reviewing the specifics of your case.
Most class action lawsuits settle for millions and sometimes billions of dollars. But this does not mean you will receive the same amount. Instead, the settlement amount you might be entitled to will depend on factors such as attorney fees, legal expenses, and how much the lead plaintiff is entitled to.
How Long Do Class Action Lawsuits Take?
Class action lawsuits can take months or even years to settle. But, again, this will depend on various factors, such as the other party’s willingness to settle. For example, suppose you win the case, but the other party files an appeal. In that case, you will have to wait a little longer for the appeal to be heard. This could mean waiting a few months or several years depending on court backlogs, the complexity of the case, and other factors.
Are Class Action Lawsuits Better Than Individual Lawsuits?
The answer to this question will also depend on the specifics of your claim. Class action lawsuits work in specific scenarios, as discussed earlier. To recap, this legal pathway might be the right option if multiple plaintiffs suffered similar injuries caused by a common defendant. On the other hand, if your injuries are unique, you may need to pursue a different legal path to compensation with the guidance of an experienced attorney.
What Are the Advantages of Filing a Class Action Lawsuit?
Class action lawsuits have numerous advantages over regular personal injury lawsuits. Otherwise, they would not even be an option for the injured. Here are some common advantages of class actions.
Higher Chances of Settling Claims
Because class action lawsuits are usually filed by a large group of plaintiffs seeking compensation for common injuries caused by the same defendant, the chances of settling are generally higher. Most companies would want to protect their reputation, especially when sued by a large group of plaintiffs.
For this reason, they may propose to settle the case out of court to save their reputation. In addition, when a case is allowed to proceed as a class action, there is always a high chance that the defendant broke the law in one way or another, causing injuries to the plaintiff.
More Convenient Than Regular Personal Injury Lawsuits
Although class actions are usually more convenient than regular lawsuits, the convenience will depend on your role in the case. For instance, lead plaintiffs typically have more responsibilities than other class members.
On the other hand, class members do not need to do anything about the case. All they have to do is sit back and wait for the outcome. This allows them to focus on other aspects of their lives as the lead plaintiff and their attorney battle against the defense in court.
Cheaper Than Pursuing an Individual Claim
It is much cheaper to pursue a class action than an individual claim. This is because the class members share the legal costs between themselves. To put things into perspective, it might not make financial sense to pursue a claim whose value is much lower than the costs involved. But this does not mean you do not have a valid case; a change of strategy could be all you need to receive compensation for your claim, even for smaller amounts.
What Are Some Drawbacks of Class Actions?
One of the major disadvantages of a class action is that the settlement amount is divided among the plaintiffs. Therefore, although the higher the number of plaintiffs, the better the chances of settling the claim, the settlement might not truly reflect what you are entitled to. Keep in mind that this does not happen to all cases, which is why it is always advisable to consult an attorney before deciding the best legal pathway to pursue the compensation you need.
Another thing you should bear in mind is that the right attorney will always protect your best interests. This is not only because they care for you but also because they will gain if you win.
Personal injury attorneys charge their clients a contingent fee, meaning they do not need any upfront payment to pursue the case. Instead, they only get paid if they win the case. This explains why a seasoned attorney will always have your best interests.
Not sure whether a class action lawsuit is the best pathway for you? Contact a Morgan and Morgan class action attorney today for a free case evaluation.