Understanding Class Action Lawsuits: Process, Certification, and Examples, Slides of Law

Download Understanding Class Action Lawsuits: Process, Certification, and Examples and more Slides Law in PDF only on Docsity! DAVID VS. GOLIATH Class Action Lawsuits Docsity.com WHAT IS A CLASS ACTION LAWSUIT? • A Class Action is a civil lawsuit brought on behalf of many people who have been harmed in a similar manner. Docsity.com ONCE THE CASE IS CERTIFIED... • The court will direct that NOTICE be given to all parties having a similar claim for the duration of a particular time period. • They are to be notified so that they may be informed and have input into the case. – This means that all class members are supposed to have equal input, rights to any money awards, remedies ordered by the court, and so forth. • There are often several notices mailed to class members over the course of the case. • The first notice is to allow all harmed parties to have equal input in the case AND to allow a harmed person the option to "opt-out." Docsity.com WHAT DOES IT MEAN TO “OPT OUT”? • If a party "opts out," they have no further standing in the case. • They can forget the whole matter OR bring an action on their own behalf BUT neither option gives them right to any damages won in the original case. • If a party does NOT "opt out," they are generally deemed to be a party to the case, they are bound by the settlement, and are prohibited in taking any further action on the matter. Docsity.com WHAT IF YOU DON’T GET NOTICE? • If you don't get notice and have no idea of what is going on – TOO BAD!  • The court normally is required to direct that only the "best notice practical under the circumstances " be given . This typically requires notice by mail or sometimes publication. Docsity.com HOW IS RECOVERY DIVIDED? • The court decides how to divide any recovery at the end of a class action suit. • The attorneys are awarded costs and fees, often calculated as a percentage of the entire recovery, the Lead Plaintiff(s) receive an amount partly determined by their participation in the lawsuit, and the rest of the recovery is divided among the class members. Docsity.com HOW LONG DO CLASS ACTION LAWSUITS TAKE? • The typical class action case takes approximately two to four years from the time the initial complaint is filed until it is concluded. Docsity.com CLASS ACTION LAWSUITS: A FEW EXAMPLES Docsity.com Anderson vs. Cryovac (1982) – Woburn, Mass., a city with an unusually high incidence of leukemia in the 1980s, eventually filed suit against a company accused of contamination. – The company supposedly contaminated the city's drinking water supply with carcinogens. • RESULT: – A multi-million dollar settlement was reached on behalf of Woburn residents – This case became the basis for a 1998 major motion picture, A Civil Action, starring Robert Duvall and John Travolta. Docsity.com Fen-Phen (1999) p , removed "Fen-Phen" diet drugs from the U.S. marketplace in response to signs of serious heart complications connected to the drug's use. – It wasn't long before a class action lawsuit was organized and brought against the drug's manufacturer. • RESULT: – On October 7, 1999, American Home Products Corporation (now Wyeth) agreed to a class action settlement valued at approximately $4.75 billion to pay the claims of patients injured. Docsity.com Facebook (2009) program launched in November 2007 which allowed the transmission of consumer-related information between partner retailers, Facebook, and Facebook friends. – Some users took issue with the program and the lawyers were called in... Beacon has been seen as invasive of users' privacy by publishing information about specific purchases and other activities. • RESULT: – The company settled the class action suit in September of 2009, agreeing to establish a privacy foundation funded with $9.5 million. Beacon is also no longer in operation. Docsity.com JUSTICE FOR THE LITTLE GUY Bringing a claim in Small Claims Court Docsity.com SMALL CLAIMS COURT: WHO CAN BE SUED? • Any individual, business, partnership, or corporation may bring a small claims suit for recovery of money only for an amount up to $5,000. • The State of Washington may NOT be sued in Small Claims Court. Docsity.com TYPICAL CASES • Typical cases involve, but are not limited to: – Auto accidents – Property damage – Landlord/tenant disputes – Collection of personal debts Docsity.com HOW DO I GET STARTED? • First you will prepare a Notice of Small Claim form that is provided by the clerk of the court. – You are required to sign the Notice in the presence of the clerk, unless otherwise instructed by the court. • On the Notice form a hearing date, trial date, or response date will be entered by the clerk. • It is the plaintiff's responsibility to accurately identify the defendant, provide a proper address and, if possible, provide a phone number Docsity.com SERVING THE NOTICE • The Notice of Small Claim must be served on the defendant not less than ten (10) days before the first hearing. • A return of service, or mail return receipt bearing the defendant's signature, must be filed at or before the time of the first hearing. • You cannot personally serve the claim. Docsity.com THE PARTIES PRESENT THEIR CASES • Attorneys and paralegals are EXCLUDED from appearing or participating with the plaintiff or defendant in a small claims suit unless the judge grants permission. • You may, however, consult an attorney before you go to court or after. Docsity.com IF YOU WANT TO APPEAL THE DECISION... • The party who files a claim or counterclaim cannot appeal unless the amount claimed exceeds $1,000. • No party may appeal a judgment where the amount claimed is less than $250. • An appeal must be filed within 30 days of the entry of the judgment and all required fees must be paid at that time. Docsity.com Questions? Docsity.com