What Are Open Class Action Lawsuits?

If you feel justified in taking legal action against a company for gross negligence, you have two ways to determine whether other plaintiffs have organized and filed an open class action lawsuit.

•       Contact classaction.org to review the current list of open cases and investigations
•       Conduct an online search

For an online search, type in a few keywords that best represent your type of case. For example, if you received injuries because of a defective bicycle, you type in the name of the manufacturer and the words “open class action lawsuit.”

Because most class actions are complicated, the first step for starting one is to contact an attorney who specializes in handling the same type of case. After conducting a thorough review of the case, your lawyer might file a lawsuit in either a state or federal court. Then, your legal counsel seeks certification of the lawsuit as a class action legal maneuver.

A judge does not automatically certify an open class action. Here are a few factors that can delay or prevent the certification of this type of lawsuit:

•       Too many members of the class
•       Questions concerning law
•       Questions concerning the facts of the case
•       The representative party has not protected the legal interests of the class

State law might determine how many class members you need to have before taking legal action. In most instances, at least 50 class members should be enough to initiate an open class action lawsuit. Speaking with an attorney can help you learn how many class members you need to initiate legal action in the state where you live.

If the judge overseeing your case certifies it as an open class action, you become the lead plaintiff during the entire court proceeding. This means the court might name you as the representative party.

As the representative party, you are the voice of the class that makes you responsible for the following:

•       Hiring a lawyer
•       Consulting with the attorney until the case closes
•       Deciding on whether to agree to a settlement
•       Acting as the public face of the legal action
•       Representing the class with fairness

The court must approve the terms of any settlement that includes the compensation paid to attorneys and the members of the class. Class members should receive a notice from the court that explains the terms agreed to in the settlement.

If you receive a notice of a pending class action lawsuit, you have to determine whether you want to take part in the legal action. For an open case, you do not have to let the court know that you want to opt in. Instead, the court sends you a notice by mail or email that lets you know you are automatically a member of the class. Opting in for either an open or closed case means you receive the compensation awarded by the judge or agreed to in a settlement. However, you cannot file a lawsuit against the same defendant on your own.

If you opt out of a closed case, you lose the right to claim a part of the compensation, but you can file a lawsuit against the defendant on your own. The decision whether you want to opt in or out of a class action lawsuit should be made with the advice of an attorney from Morgan & Morgan.

If you are a class member for a lawsuit that awards compensation or you are a class member for a case that reaches a settlement, you are entitled to a percentage of compensation. The type of compensation is almost always financial. How much you receive in compensation depends on the number of class members, as well as how much the lead plaintiff earns for representing the class.

After discussing your case with an attorney from Morgan & Morgan, you might determine that you deserve more money than other class members because you suffered more from the illegal actions taken by the defendant. If you decide that you deserve more in compensation, you and your lawyer have the right to file an individual lawsuit against the defendant.

Often confused with class action lawsuits, multidistrict litigation (MDL) consolidates similar individual cases into one form of legal action. Unlike an open class action lawsuit, an MDL resolves each case individually. What one plaintiff receives in compensation might differ from what another plaintiff receives in compensation from the same defendant. The primary purpose for moving several cases into an MDL is to relieve some of the backlog of cases in the judicial system.

If a company has caused you harm through gross negligence, you might have a strong enough case to receive just compensation by filing a lawsuit. If your case is similar to what other people have suffered by the same actions of the company, then you might consider filing an open class action lawsuit.

Consulting with an attorney can help you decide which legal action to take. Schedule a free case evaluation today with an attorney from Morgan & Morgan to determine the best course of legal action.