Many people have at least a passing familiarity with class action lawsuits, as they are frequently the topic of news stories, TV shows, and advertisements. However, most people’s understanding of class action lawsuits begins and ends with the idea that they are legal actions brought by groups of people instead of individuals. While this is correct, there is obviously much more to a class action lawsuit than the number of people involved. Below are answers to common questions people have about class action lawsuits.
What are class action lawsuits?
A class action lawsuit is a legal action that is filed on behalf of a class of people who all have similar claims against a defendant or defendants. The case is filed in court by one or several class representatives or lead plaintiffs. After the case is filed, the court determines whether it’s appropriate to allow the matter to move forward as a class action. In order for the case to proceed as a class action, the following factors must be met:
- Numerosity – There must be enough individual claims to make class certification the most efficient way to proceed.
- Commonality – The claims must be sufficiently alike.
- Typicality – The proposed class representatives’ claims must be typical of all class members’ claims.
- Adequacy – The class representatives must be able and willing to represent the class fairly and effectively.
How does a class action settlement or judgment affect the class?
Members of the class in a class action lawsuit are bound by the terms of the class action settlement or judgment. If the class action lawsuit is one that seeks monetary damages, the class members ordinarily receive notice of the proceedings, a description of the lawsuit, and instructions on how to opt-out. Those class members who opt out can not obtain any financial recovery from the lawsuit.
What type of relief is possible in a class action lawsuit?
The majority of class action lawsuits seek some kind of financial relief for each class member. A class action may also request that the court declare and define the obligations and rights of the class versus the defendant. This is known as a “declaratory judgment” class action. Also, a class action sometimes seeks what is called “injunctive relief.” In this type of case, if the class obtains a judgment or settlement, the court can order the defendant to cease certain conduct or to take a certain action.
Contact LehrmanClassAction.com Today to Discuss Your Claim
For your class action lawsuit needs in Florida, you should contact our Florida consumer class action lawyer. Florida class action attorney Seth Lehrman and his class action team have extensive investigative, litigation, and trial experience. Mr. Lehrman’s firm has the experience and resources to effectively represent you in your class actions lawsuit. If you need class action legal assistance, please contact our law firm today for a free consultation.