What is a Class Action?

A class action is a lawsuit brought by one or more individuals, commonly referred to as “class representatives,” on behalf of a larger group, or “class,” of individuals who have similar claims. The purpose of a class action lawsuit is to combine numerous claims of individuals into one action brought before a single judge to seek a legal remedy for all members of the class.

The Procedure of a Class Action

Our law offices file a lawsuit on behalf of one or more plaintiffs.

We then move to certify the case as a class action.  If the court agrees that all criteria are met for class certification, it certifies the case to continue as a class action lawsuit.

All members of the class are notified and given the option to “opt in” or “opt out.” Those who opt out do not benefit from the result of the class action litigation — they must take their chances in individual lawsuits. Those who remain in the class action are typically bound by the judgment or settlement obtained.

Once certified, many class actions are resolved prior to trial. The parties often negotiate a settlement and present it to the court for approval. If the court approves the settlement, or if the case goes to trial and plaintiffs win a judgment, class members are notified of how to make a claim for relief.

Typically, the client in a class action is not responsible for any attorneys’ fees or costs of litigation. After resolution of the case, the consulting counsel asks the court to order the defendant to pay those fees and costs.

To learn how our class action attorneys can help you, please contact us online or call us for a free initial consultation at (619) 391-8300.