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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:

  • Dangerous Products
  • Insurance Fraud
  • Securities Fraud
  • Consumer Fraud
  • Environmental Problems

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.

  1. The first will be notifying the members that they can opt out of the class (ex: if they wish to pursue their own litigation).
  2. 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.