What is a Class Action Lawsuit?

How does a Class Action suit work?

The following describes the typical procedures followed in class action litigation. The sequence of events described may vary from case; however, generally, a class action will involve all of the steps noted.

Step 1: The first step is the drafting and filing of a complaint against the defendants. This document is then filed in court and delivered or "served" on the defendants by the U.S. mail or a process server.

Step 2: After the complaint is filed, the defendants will usually file an answer denying the allegations. Alternatively, they may elect to challenge the complaint by filing certain motions challenging the lawsuit. If motions are filed, an answer will be required after the judge rules on the motions unless the case is dismissed.

Step 3: After the answers are filed and any motions ruled on, a period of "discovery" will usually take place. Discovery involves the lawyers demanding documents from the other side, asking written questions, and taking depositions. Often courts will hold a conference with the lawyers and set a timetable for preliminary discovery needed for certification to be completed.

Step 4: After all preliminary discovery is completed, the plaintiff will file motion to certify a class action. The defendants will file objections to certification. The Court will have a hearing. If plaintiffs win, the case proceeds to be certified.

Step 5: Notice. If the lawsuit is one for money, the court will order notice go to the class. Notice is published in the newspaper or sent through the mail. This notice advises class members of their rights, and sets deadlines for objecting, "opting out," or entering an appearance through a lawyer.

Step 6: Trial or Settlement. After final certification is granted, additional discovery may be needed before the case is tried. After that discovery is completed, the case is set for trial unless it settles. The trial of a class action procedurally is the same as for any other civil lawsuit.

What are your rights and responsibilities in a Class Action?

Notice is given by the court to all eligible parties. This is done by mail or publication. The notice will generally describe the allegations in the case and, among other things, provide you the opportunity to "opt-out." If you do not opt-out, you will be bound by any settlement or judgment, favorable or unfavorable, in the case. Sometimes the notice will also include a claim form if the case has settled or a judgment has been reached in the plaintiffs' favor.

It is important to fill-out the claim form in order to claim your share of the proceeds. If the deadline to submit a claim form comes and goes, you may have waived your right to claim your recovery. Because most notices are sent by mail, it is very important that you keep the U.S. Postal Office up to date with your current address through mail-forwarding.

Unless your personal damages are very large, you will most likely need other parties to induce an attorney to take the case on a contingency basis. Class actions offer the benefit of aggregating relatively small claims into one so that you can attract attorneys who are skilled and knowledgeable in order to prosecute your case for the benefit of all. It is possible to bring a competing class or an independent court action against defendants. The relative merits of each course should be discussed with counsel and will depend on monetary amounts, number of parties involved, etc.

To find out more about Class Action Lawsuits, visit our website at Wynne Law Firm

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