Class Action Lawsuits
When a large group of people have all suffered a similar harm or injury, they are able to band together to sue the party that has wronged them. Large companies have great resources at their disposal to fight against allegations of wrongdoing. Class actions enable injured victims to harness the power of numbers and pool their resources to effectively stand up to these large corporations.
Although class action lawsuits can be filed for a variety of situations, two factors are common to almost all class actions. First, the issues in dispute are common to all members of the class. Second, the number of persons affected is so great that it would be impractical to bring them all before the court individually. Generally, at least 30 to 50 people with similar injuries are needed for a class action to be certified by the court.
Class action lawsuits are filed by a “named representative.” A named representative could be an individual, union or small business. The representative must have been injured in the same manner as the rest of the class. This person (or entity) performs a service for the rest of the class, who are able to recover through the representative’s efforts.
Once the class action has been filed with the court, the named representative must ask the court to “certify” the class action lawsuit. If the court decides to certify the action, all potential class members must be notified and advised of their rights. Joining a class action binds the class member to the results of the lawsuit. Members who join the action relinquish their right to sue the offending entity in an individual lawsuit for the same alleged unlawful conduct and resulting injury.
If the class action is resolved in the class’ favor (or settled), notice is then sent to the rest of the class members, advising them how they can receive compensation.
Common Types of Class Action Lawsuits
Common examples of class action claims include:
- Defective products: Customers who purchased the same defective products (e.g. medical devices, faulty car parts or dangerous toys) or customers who were mislead by false advertising or manipulative business practices may be entitled to compensation.
- Environmental contaminants: Individuals who suffer from illnesses, health conditions or property damage as a result of pollution may be entitled to compensation. Examples include industrial contamination in local water supply, or victims affected by oil spills.
- Employment claims: Employees who have been subjected to racial, age or gender discrimination may be entitled to compensation. Also, employees who have been subject to violations of the Labor Code, such as failure to pay overtime, may be able to bring a successful claim.
- Dangerous prescription drugs: Patients prescribed medication with dangerous side effects that the manufacturer was aware of, yet failed to disclose, may be entitled to compensation.
- Price fixing: Consumers and small business owners who paid inflated prices as a result of a group of corporations fixing prices may be eligible for monetary compensation.
- Invasion of privacy: If you believe that your private communications were recorded without your knowledge and consent, you may have a viable class action.
Cherry Hill Employment Lawyers at McOmber & McOmber, P.C. Help Class Action Plaintiffs Stand Up to Large Corporations
Many of the class action lawsuits we handle start out with a complaint from just one person. If you have been harmed by a defective product, deceptive practice or illegal conduct, contact one of the experienced Cherry Hill class action lawyers at McOmber & McOmber, P.C. at 732-842-6500 (Red Bank, New Jersey offices) or 856-985-9800 (Marlton, New Jersey offices) or fill out our online contact form today.