What is a Class Action Lawsuit?

At Napoli Shkolnik our team successfully handles large class action lawsuits, notably having handled the massive fen-phen weight loss drug lawsuit. Due to our extensive experience, many clients and attorneys approach us to represent or co-counsel with them regarding class action lawsuits.

What are the Pros and Cons of Joining a Class Action Lawsuit?

The obvious advantage of a class action lawsuit is that the class members don’t have to do anything to obtain a share of a settlement.

Am I Automatically Included in a Class Action Lawsuit?

Yes, you are automatically part of a class action lawsuit if you receive a legal notice and do not opt-out.

Part of the adequate representation job description includes notification. This notice must state that a lawsuit has been filed, give a general description of that lawsuit, and explain the recipient’s legal rights. Typically, if you don’t receive a notice, you aren’t included in the class action lawsuit.

Many people opt out because they suffered greater damage than everyone else. For example, if a class action lawsuit was filed over a defective water heater, the class members would probably get enough money to buy new water heaters. If a defective water heater caused someone’s house to burn down, they may want to opt out of the lawsuit and try to obtain additional compensation in court.

What Happens in a Class Action Lawsuit?

Aside from the procedural complexities, which are considerable, a class action lawsuit is a lot like any other lawsuit.

An attorney’s job begins before they file a lawsuit. Unless the petition has sufficient evidence to support all its allegations, the judge will throw the case out of court without ever giving victims a chance to tell their side of the story.

In addition to summary judgment and other motions for judgment on the pleadings, defendants often file other procedural motions, alleging affirmative defenses like a lack of jurisdiction, statute of limitations, and objections to a class action designation.

Discovery, another type of evidence collection, usually comes next. During this court-supervised information exchange, both sides have a legal duty to put all their cards face-up on the table so each slide has a clear picture of the other side’s claims and/or defenses.

As a result, most class action matters settle out of court. These settlements benefit victims/plaintiffs in several important ways.

Injury victims are entitled to substantial compensation. For a free consultation with an experienced attorney, contact Napoli Shkolnik. We do not charge upfront legal fees for these.