Class Actions

When a group of people suffers common harm, they may join together to bring forth a class action suit. With offices in Red Bank, NJ, Marlton, NJ, Newark, NJ, New York, NY, and Philadelphia, PA  our experienced class action lawyers can represent you. Please contact us today to get started.

What is a Class Action?

As explained by the Legal Information Institute (LII) of Cornell University Law School, a class action refers to a procedural device that allows one or more plaintiffs to bring forth a lawsuit against a defendant on the behalf of a larger group, known as the class. When a settlement is reached or a judgment entered, any compensation received will be distributed to the class as well as to the class representatives.

Common Types of Class Actions

These cases can involve a group of employees whose rights under federal or state wage laws have been violated, individuals who have suffered harm due to a company’s negligence or recklessness, or even investors. Common types of class actions include but are not limited to, the following:

• • Equal Pay Act
    This type of class action involves cases where employees, typically women, allege that they have been paid less than their male counterparts for performing the same job.
  • Overtime Pay
    A common wage & hour case where employers fail to pay their employees for overtime work (as required by federal or state laws.) It usually involves workers who have been wrongly denied overtime pay despite their hours.
  • Tip Skimming
    In tip skimming cases, service industry employees allege that their employers unlawfully took some of their tips. This action is a violation of labor laws.
  • Misclassified Employees
    This pertains to workers who are improperly categorized, often as independent contractors rather than employees, thereby denying them benefits and rights they would otherwise have.
  • Data Breach
    These cases arise when a company fails to safeguard sensitive personal data, leading to unauthorized access or theft. A data privacy attorney can help.
  • Breaches of Employee Privacy
    In these cases, employers have violated the privacy rights of employees through unlawful surveillance, unauthorized sharing of personal data, or illicit background checks.
  • Consumer Fraud
    This refers to deceptive, unfair, or false business practices used by companies to induce consumers to purchase products or services, such as misleading advertisements or concealing important information.
  • Consumer Product Liability
    These cases are brought by consumers who have suffered harm due to defective or dangerous products.
  • Civil Rights Claims
    Spurred by violations of civil rights protected by the Constitution or federal laws, these cases can involve discrimination, unlawful police actions, or other violations of basic rights and freedoms.
  • Securities Litigation
    Securities litigation cases occur when investors are misled or defrauded by a company in which they invested through false statements, omissions, or other fraudulent activities.
  • Antitrust Laws
    Antitrust laws are designed to promote fair competition for the benefit of consumers. If these laws are being broken, there may be grounds for an antitrust class action lawsuit.

Benefits of Class Actions

When multiple people have suffered a common wrong, pursuing a class action claim can be advantageous. One major benefit of a class action is that it is efficient — rather than multiple claimants (sometimes hundreds or thousands) bringing forth individual claims, the claims can be consolidated into a single suit. Another benefit is the private right of enforcement, meaning that class actions are one way to ensure that employers and companies follow the laws on the books.

Joining a Class Action

If you think that you may have a case and you have not been contacted by an attorney, you should reach out to an attorney to request a free consultation. Your attorney can provide you with advice and guidance regarding the best avenue for recovering compensation for harm and damages you have suffered for you and the potential class.

Opting Out of a Class Action

Individuals included in a class action are often able to choose not to participate if they do not wish to be bound by the court’s decision or a potential settlement. By “opting out,” these individuals preserve their right to bring their own separate lawsuits, although they won’t benefit from any settlement or judgment made for the case.

Criteria for a Class Action

For a lawsuit to qualify as a class action, certain criteria must be met. These usually include a large number of participants (“numerosity”), common questions of law or fact (“commonality”), the named participants must be typical or representatives of the unnamed plaintiffs whose issues may also be resolved by the suit (“typicality.”)

Lastly, the plaintiff’s interests must not conflict with the other members of the class, and their legal representatives must be fully qualified for class actions. Understanding these criteria can help potential plaintiffs gauge the viability of their claims.

Class Action vs. Mass Tort

Both class actions and mass torts deal with situations where multiple plaintiffs have been harmed, usually by a single defendant (or a small group of defendants). Both mechanisms are designed to increase the efficiency of the legal system when many individuals have claims arising from the same or similar circumstances, but they handle those plaintiffs and their claims differently.

For example, a class action suit treats all plaintiffs as a single unit and seeks a resolution for them. On the other hand, mass torts treat each plaintiff as an individual within a larger group, allowing for more variation in the injuries claimed and the damages awarded to the participants.

Call Our New Jersey Class Action Attorneys Today

To learn more about class action cases in New Jersey and what your rights are, please contact our New Jersey-based law firm directly today or send us a message telling us more about your case. We offer free consultations.