Can My Lawsuit Be a Class Action?

Have you ever received a letter in the mail informing you that you’re entitled to receive money under a class action settlement? You may heard the term “class action lawsuit” without fully understanding what it means or how it works.

A class action is basically a procedural device used by courts to handle claims involving a large group of plaintiffs. This group is known as the “class,” and depending on the type of claim, it may include anywhere from a few dozen individuals to millions of people.

After reviewing this information, contact a class action lawyer to see if your case can be part of a larger class action claim.

What Is a Class Action Lawsuit?

A class action is a type of lawsuit, often brought against large corporations, in which a small group of class representatives litigate a case on behalf of a larger group of people (or “class”) who have suffered similar injuries or harms.

Judges certify class actions when it’s impractical for individual class members to pursue many separate claims against the same defendant. Even if there are thousands of class members, the class action is treated as a single lawsuit. “There’s no magical number,” says Gregory M. Utter, a class action attorney in Cincinnati, “but people typically think of 25 as being the minimum.”

The representatives are often, but not always, the people who filed the initial lawsuit. “Usually, how it works is that a plaintiff who believes they’ve been wronged contacts a law firm and seeks legal advice from a class action lawyer. The lawyer identifies the claims as being on behalf of not just that person but a larger group of people,” says Utter. “Then the lawyer will ask that person if they are interested in being a representative of the class.”

In many class action cases, the initial plaintiffs don’t actually know the identity of all potential class members. There may even be different groups of plaintiffs competing to be named as class representatives. Ultimately, it’s up to the judge overseeing the case to decide who should serve as the lead plaintiff or plaintiffs.

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What Do You Need for a Class Action Suit?

First, the judge must decide whether the claims justify certifying a class action suit. The Federal Rules of Civil Procedure (FRCP) govern class actions in federal courts. Under the federal rules, a representative may bring a class action if:

1. The class has so many members that it would be impracticable for each one to bring a separate lawsuit
2. All class members present common questions of law or fact
3. The specific claims raised by the proposed representative class members are typical of the claims or defenses of the class
4. The proposed representatives can fairly and adequately protect the interests of the entire class

Even if these conditions are met, a federal judge may still decide against maintaining a class action if they determine it would be in the interests of justice or too difficult to manage.

Most class actions involve large companies accused of a specific kind of misconduct that affects many people. For example, class actions are commonly used to pursue claims for employment discrimination or damages involving a financial institution charging illegal fees. All of the parties suffered the same (or similar) legal injury, and it would make no sense to separately adjudicate each claim.

Class Actions vs. Multi-District Litigation

One final thing to note: A class action is different from multi-district litigation (MDL), which is another kind of mass tort management tool commonly used by the court system.

An MDL is when multiple individual claims are assigned to the same judge, who may consolidate certain pretrial procedures, but otherwise adjudicates each case separately. Multidistrict litigation is commonly used in cases involving product liability and defective medical devices.

What Are Mass Torts?

Like a class action, a mass tort refers to a scenario involving a large number of plaintiffs alleging similar misconduct on the part of a common defendant or defendants.

However, a mass tort is not treated as an individual lawsuit managed by a group of representative plaintiffs. Instead, each plaintiff in a mass tort must still prove certain facts relevant to their particular case. Even if one plaintiff in a mass tort is unsuccessful, the other plaintiffs may still proceed.

Mass torts can also involve personal injury claims involving toxic exposure and defective products, including medical devices and drug defects. For example, a large number of people suffered harm because of a particular drug, but each case involves unique medical facts that preclude a class action.

The courts can consolidate certain parts of the legal process through mass tort litigation, such as having the same judge rule on motions regarding the admissibility of evidence common to multiple claims.

Get Experienced Guidance in a Class Action Lawsuit

Mass tort and class action lawsuits are complex matters. Protect your rights and your options by working with a top attorney by using the Super Lawyers directory. Contact an experienced class action lawyer for legal advice about your claim.