Class Action Litigation

Information you need to know about Class Action Litigation

A class action is a legal mechanism that allows a single person to sue on behalf of a large number of people who have been harmed in the same way.  The single person that brings the suit is known as the “named plaintiff” or “class representative.”    

Class action litigation is an efficient method for allowing large numbers of people harmed by a single cause to obtain justice in a way that they might not normally be able to afford on their own.  Class actions are helpful to plaintiffs because it spreads the cost of bringing the claim to the entire class and it allows many people to be granted relief they deserve in one single action

One of the most common examples of class action litigation are suits brought on behalf of consumers that are harmed by the same defective product, such as a drug that has dangerous side effects, or an automobile with airbags that do not deploy on impact.  Another frequent use of a Class Action suit is litigation that focuses on a specific harmful practice, such as a credit card company overcharging several thousand customers.

A class action is also desirable because Watson Burns will advance all expenses and costs related to the litigation and withdraw attorneys fees and expenses when a settlement or successful verdict is reached.  The class action plaintiffs do not need any money to bring a claim and would not owe any fees or costs if the litigation is unsuccessful. 

Not all members of a class are forced to participate in a class action if they fit the criteria to be a class member.  Generally, class member will be given a chance to “opt out” and pursue their claims individually. 

There are four things which must be present to bring a proper class action class action: numerosity, commonality, typicality and adequacy.  In other words, there must be a sufficient number people who suffered a similar loss or injury, there must be common legal and factual issues, and the claims of the named plaintiff must be typical of those of the rest of the class and the named plaintiff must adequately represent the best interests of the class.

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