Class Action Cases in 2022

A class action lawsuit is a legal action taken by one or more plaintiffs against a defendant on behalf of a larger group to seek compensation for the defendant's actions or inactions.

One thing that stands out about class action lawsuits is that it involves multiple plaintiffs representing many other plaintiffs, commonly referred to as 'class members.' To put things into perspective, in normal class action lawsuits, one plaintiff files a lawsuit against a defendant (or several defendants) seeking compensation for their injuries. But, on the other hand, in a class action lawsuit, multiple plaintiffs seek compensation for the actions or inactions of a defendant.

For instance, let's think about a fictional company. We will name it Company X. If Company X creates a faulty product and injures one million consumers, it would not make sense for one million consumers to file individual claims for the same injuries simultaneously.

This could mean that the same case will be heard one million times.

Therefore, filing a class action lawsuit is the better option. The lead plaintiff represents the other plaintiffs in a single case against Company X.

A lead plaintiff is an individual who represents other class members in a class action lawsuit. When you are the lead plaintiff, it is your responsibility to pursue compensation on behalf of other class members. Therefore, you will participate in court processes, attend depositions, fill out important paperwork, and basically anything required regarding this case.

Yes, when you are the lead plaintiff, you make all the critical decisions on behalf of other class members. For instance, you can decide whether the compensation offered by the defendant is reasonable.

In addition, lead plaintiffs usually pocket a larger fair of the compensation because they are more involved in the case. On the other hand, class members do not need to do anything other than sign up for the case. The class action attorney and the lead plaintiff handle the rest.

If you want to become the lead plaintiff in a class action lawsuit, talk to Morgan and Morgan today. The good news is that there can be more than one lead plaintiff in a class action lawsuit. So it will not matter whether a particular class action lawsuit already has a lead plaintiff. Talk to us today to understand your options.

Some common class action lawsuits include:

Defective Product Class Action Lawsuits

This lawsuit alleges that an entire product line was defective, causing harm to many consumers. However, if a single product harms an individual, a standalone personal injury lawsuit would be the best way to approach such a case. Thus, the case would fall under product liability, a subcategory of personal injury lawsuits.

Pharmaceutical Class Action Lawsuit

This lawsuit targets pharmaceutical companies whose products have injured patients. The talcum powder lawsuit against Johnson and Johnson is a good example of a class action lawsuit against a pharmaceutical company.

Antitrust Lawsuit

When product manufacturers or big corporations breach the trust consumers have in them, they might be subjected to antitrust lawsuits. Examples of antitrust violations include:

• when businesses raise prices for products or services unreasonably; or
• when businesses fix prices for products and services to prevent competition.

Civil Rights Class Action Lawsuit

Individuals whose rights have been violated by companies, organizations, or even individuals can file civil rights class action lawsuits. Examples of defendants in these cases include schools, police departments, employers, etc.

Data Breach Class Action Lawsuit

You can file a lawsuit against tech companies responsible for collecting and storing consumer data if they mishandle such data. T-Mobile and Yahoo are some of the biggest tech companies to be sued over data breach incidents in the recent past.

Employment Class Action Lawsuits

As the name suggests, this class action lawsuit targets employers who have violated their worker's rights. Such violations include discrimination based on race, gender, nationality, religious beliefs, etc. Sexual harassment is also a common reason for filing these lawsuits.

Environmental Class Action Lawsuits

When companies and organizations participate in activities that harm the environment, consequently injuring members of the public, the injured individuals can file an environmental class action lawsuit. Examples of reasons to file an environmental class action lawsuit include air, water, or soil pollution, oil spills, etc.

Class action lawyers usually receive a percentage of the settlement or a fixed amount. However, before deducting attorney fees, the judge or jury will examine them to determine whether they are reasonable.

Class action lawsuits have numerous advantages, as discussed below. 

Cost Effectiveness

In most cases, it is expensive to pursue an individual case, especially against a big corporation. Remember that these big corporations can afford some of the best attorneys to fight for them. On the other hand, when you file an individual claim against such a defendant, the cost of pursuing compensation might be more than the value of the case.

Better Chance at Compensation

Class action lawsuits usually have a higher success rate than some individual claims. This is because big corporations will likely be concerned about getting sued by a larger number of consumers than an individual. For this reason, there is always a higher chance of settling when you file a class action lawsuit than an individual claim.

More Convenient Than Individual Lawsuits

Unless you are the lead plaintiff, class action lawsuits are more convenient than when you file an individual lawsuit. As mentioned earlier, class members do not have to be actively involved in the case. All they need to do is sit back and wait for the outcome. As a result, they can go about their day-to-day lives without participating in court processes, meetings with attorneys, and other responsibilities of pursuing a class action settlement.

Long Term Solutions

When you file an individual lawsuit against a big corporation, you may receive compensation if you win. But this does not necessarily mean that the corporation will change its policies or mode of operation. For instance, let's say you were injured by a defective product and you filed a product liability lawsuit. If you win, the product manufacturer will likely continue producing more products.

But when you file a class action lawsuit, the stakes are higher. Companies lose millions or even billions of dollars to these kinds of lawsuits. As a result, they will likely want to make the necessary changes to avoid such huge losses. This also explains why sometimes you may receive random emails about product recalls. Corporations know that they risk losing huge sums of money if they get sued by large groups of people rather than an individual.

Yes, you can join a class action lawsuit if you believe that you got injured by the defendant's actions. In that case, all you need to do is fill out our free case evaluation form. Then, one of our class action attorneys will review your case and get in touch to discuss the next steps.

Not sure if you have a valid class action case? Take our quick class action quiz to see if you qualify.

Class action lawsuits could take a few months or even years to settle. It all depends on the specifics of that particular case. Most cases we handle take anywhere between a year and three years.

Some cases take longer than that. For example, the Exxon Valdez oil spill case took 26 years to settle.

It is also important to note that some defendants agree to settle pretty quickly to avoid negative publicity. However, others keep fighting by filing appeals and exploring other legal options to deny liability.

The bottom line is that the duration of a class action lawsuit will depend on the specifics of the case.

The truth is that class action lawsuits are not for all cases. If you are unsure whether your case is worth a class action lawsuit, contact a Morgan and Morgan class action attorney for a free case evaluation.

Remember that just because you share the same injuries with other plaintiffs does not necessarily mean you can automatically file a class action lawsuit. Rather, for such a case to proceed, it must be certified by a judge.

When deciding whether a certain case qualifies as a class action lawsuit, the court will consider the following factors:

The Numbers

We mentioned earlier that class action lawsuits involve numerous plaintiffs. There is no specific minimum number of plaintiffs for these cases. However, if the court determines that the number is too low, it will not certify the case as a class action.

Common Injuries

One of the reasons for filing a class action lawsuit is to seek compensation for common damages multiple plaintiffs have incurred due to the defendant's actions. So if the defendants have unique damages, the case cannot be certified as a class action.

The Principle of Typicality

The judge will also determine whether the claim raised by the lead plaintiff is typical of the entire class in the lawsuit. If so, the judge will certify the class action lawsuit.

Lead Plaintiff's Interests

The lead plaintiff should demonstrate that they have the best interest of all other plaintiffs in the case (class members).

If you have received a notification that you are a member of a class action lawsuit, there is usually not much to do after that.  

However, not responding to the notification means you have agreed to be a class member. It also means you agree to waive your right to file an individual lawsuit against the defendant. In other words, you cannot participate in a class action lawsuit and then file a separate personal injury lawsuit against the same defendant for the same reason.

The notification about your participation in a class action lawsuit usually contains instructions for opting out. If you wish to opt out, you will need to follow the instructions in the form and then mail it back to the address provided.

When you opt out of a class action lawsuit, you retain your right to file an individual lawsuit against the defendant.

The topic of class action lawsuits is complicated—you will not understand it overnight. The most important thing to do if you have a valid case is to seek legal advice and guidance immediately. That is why we are here to help. Our attorneys can help you understand this topic better and explain your options.

Contact us today to get started.