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Class actions lawsuits: can David defeat Goliath?

On Behalf of | Apr 22, 2022 | Business Litigation |

You have been wronged by a large company, but you may feel a bit like you are David facing Goliath in an impossible battle. However, if there are many individuals like yourself with the same grievance, you may have more clout on your side if you choose to pursue a class action lawsuit. After all, one person with a small claim might seem insignificant but 1,000 people with the same claim have power. The following is a brief overview of class action lawsuits.

What is a class action lawsuit?

A class action lawsuit is one in which many individuals join as a class of plaintiffs against a defendant, rather than pursuing their own individual claims. Class action lawsuits not only give the plaintiffs an advantage in numbers, but they also help alleviate an overburdened court system. Class action lawsuits must meet the requirements of “Rule 23” in order to proceed.

Rule 23

Rule 23 outlines what is required for a group of plaintiffs to proceed as a class. First, the number of class members must be so great that pursuing individual lawsuits is impractical. Second, the class members must be connected to one another either by law or fact. Third, the claims the class is alleging must be the same amongst all class members. Finally, the proposed representatives of the class must adequately stand for the interests of all class members.

Rule 23(a) lists further requirements for a class action lawsuit. First, it must be found that separate actions pursued by individual class members could lead to inconsistent rulings. Second, it must be found that the defendant has acted on grounds that would make injunctive relief appropriate or that predominate questions of law or fact are common over specific class members. Finally, it must be found that proceeding as a class is a better method than any other alternative option for pursuing the claim.

There is strength in numbers

When it comes to class action lawsuits there is strength in numbers. When many people with common claims join together in a class action lawsuit, they are more likely to be compensated for the harms they suffered. If you think you might be able to pursue a class action lawsuit you may want to make sure you know how to properly proceed to protect your rights and the rights of your fellow class members.

 

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