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Class Action

What is a class action?

A class action is a procedure allowing an individual ( the class repre­sen­tative) to sue on behalf of a class of persons when

  • the issue(s) are common to all members of the class and
  • the class is so large that it is too difficult to bring each claim individ­ually before the court.

Class Action Lawsuits | Jacksonville Personal Injury AttorneysClass actions are often brought against corpo­ra­tions when they overcharge or otherwise mistreat many customers in the same way. They are brought against the manufac­turers of defective products. They may also be brought against a company or its officers on behalf of a class of share­holders in the company. Some examples of class actions are: thousands of consumers purchase or use the same defective product; a telephone company or credit card bank overcharges thousands of customers pursuant to the same policy; employees experience age, sex or race discrim­i­nation; a drug or medicine used by many patients is suspected of having dangerous side effects; purchasers of a company’s stock or securities are injured because the company made fraud­ulent repre­sen­ta­tions about its products or business prospects; consumers pay higher prices because of the anti-trust activ­ities of large corpo­ra­tions.

A class action may be the only practical means of access to the courts for many people who have been damaged or injured.

When a defendant has engaged in a pattern of wrong­doing, a class action can provide an effective remedy for the members of the class, without incurring the costs of separate lawsuits and without risking incon­sistent court decisions.

What are the benefits of a class action?

The class action promotes two principal goals. It provides a useful mechanism for prose­cuting the claims of many persons whose injuries added together are signif­icant, but which, individ­ually, would not be large enough to justify the expense of bringing of individual lawsuits. It also prevents the clogging of the court system by allowing the similar claims of thousands of individuals to be adjudi­cated in one single action.

Can any case against a business be brought as a class action?

No. Generally, a class action is proper only where the issues common to the class outweigh the issues which are unique to individual members of the class. When a consumer or investor approaches Green Welling with a possible case, its attorneys make a prelim­inary deter­mi­nation as to the merits of filing a class action. Then, after the case is filed, the court deter­mines whether it fulfills all the require­ments of a class action, and whether the defined class may be “certified.”

Does the plaintiff have to pay the attorneys’ fees and legal expenses?

When you employ Terrell Hogan, there will be no hourly fees for you to pay. The only fee, ever, is based on our success at seeking justice for you, either by a settlement you authorize or based on a verdict and judgment in your favor. If there is no recovery, there is no fee, and you will not have to reimburse any expenses we paid to inves­tigate and prosecute your case.

Are all class members forced to participate in the class action?

Generally, No. In most consumer and investor class action, after the court certifies the case as a class action, members of the defined class are given an oppor­tunity to “opt out” and pursue individual actions against the defendant, if they so prefer. If, however, class members choose not to opt out, they are bound to the results of the case and automat­i­cally share in any recovery obtained for the class. There are excep­tions to this general rule, such as when the relief sought is primarily injunctive and not monetary, where the court may certify the class on a “non-opt-out” basis.