Dallas Class Action Litigation Attorney
What is a class action lawsuit?
Class actions are when a lawsuit is filed on behalf of a large group of
people or when a large group of defendants is being sued. This originated
in the U.S. and is still predominately relevant here; however, several
European countries have adopted similar laws.
Examples of what can lead to class action lawsuits include:
What are the advantages of a class action lawsuit?
There are several benefits of bringing a high volume of individual claims
into one lawsuit:
- The legal process will become much more efficient
- There is a decreased cost of litigation
- It solves the problem of small recoveries not providing incentive to fil suit
- It ensures that all plaintiffs receive the necessary relief
- It avoids the problem of different courts creating incompatible standards
Work with a Knowledgeable Class Action Lawyer
In recent years, there has been several actions taken to curb the amount
of class action lawsuits being filed; therefore, it is absolutely critical
that you hire an experienced law firm, such as Gresham, P.C. You need
an advocate who has the experience and resources needed to be successful.
At our firm, we have worked with several clients who have been affected
by the wrongdoing of large corporations.
For example, Attorney Dean Gresham served as co-lead class counsel in a
"click fraud" class action that alleged several defendants were
knowingly charging for advertising not generated by consumer clicks. The
defendants included search engines (such as Google) and those who provide
web search capabilities. In the end, the defendants placed more than $97
million into various settlement funds.
Read more about it here!
Filing a Class Action: Understanding the Process
To file a class action, you will need to file alongside several stated
plaintiffs on behalf of a proposed class. This proposed class must consistent
of a group of individuals or entities who have suffered from a similar
harm (ex: injury from a defective product). Once the complaint has been
filed, the plaintiff must then file a motion so that the proposed class
can be certified.
The defendant will then have the ability to object to whether issues will
be appropriately handled by a class action. For example, the defendant
may object that the plaintiffs are not proper representatives of the class.
At this time, the court will also take action to investigate the ability
of the law firm to properly prosecute the claim, as well as look into
whether they have the necessary resources.
Often, due process will require that the class action is sent, published,
and broadcast to all class members. This will include several steps.
- The first will be notifying the members that they can opt out of the class
(ex: if they wish to pursue their own litigation).
- Second, all class members must be sent a settlement notice.
Required Characteristics of Class Actions
35 states have adopted federal civil procedure law, which requires class
actions to meet the following:
Numerosity: Class actions must be so large that individual lawsuits would be impractical
Commonality: All of the different parties must have common legal or factual claims
Typicality: Claims / defenses must be typical of all plaintiffs or defendants
Adequacy: Representative parties must protect the interests of all class members
Federal vs. State Courts
If the claim arises under federal law or under 28 USCA § 1332 (d),
the class action may be brought in federal court. While nationwide plaintiff
classes are a possibility, these can complicate the matters as civil law
will vary across states and there must be a commonality across state lines.
Often, federal court are perceived to be favorable to defendants where
state courts tend to favor plaintiffs. For this reason, many class actions
will initially be filed in the state courts and then defendants will attempt
to move them to federal court.
This was bolstered by the Class Action Fairness Act of 2005, which increases
the ability to remove state cases by giving original jurisdiction to federal
courts for all cases with damages exceeding $5 million.
Take the First Step Toward Justice: Call Gresham, P.C.
If you believe that you may have a class action lawsuit, you should not
hesitate to contact Gresham, P.C. as soon as possible. Backed by considerable
experience, our law firm is fully equipped and ready to help people throughout
the Dallas / Fort Worth area—as well as entire state of Texas and
United States—with their class action lawsuits. We are an experienced
and aggressive law firm that can handle even complex cases.
Do not hesitate to
contact our class action law firm today to learn more about how we can help you.