Pursuing Justice Through Class Action Lawsuits

A Class Action is commenced like any other lawsuit, by filing a complaint – a formal legal document, which describes the basis for the claims – with the court. It is not necessary for all of the class members to officially join the lawsuit or sign the complaint. Instead, one individual, or a small group of individuals, who are called Class Representatives, file a class action lawsuit. The Class representative brings the suit not only on his or her own behalf, but also on behalf of everyone in the Class. In most class action lawsuits, the members of the Class are given notice of the existence of the class action lawsuit, and an opportunity to exclude themselves, called opting out of the Class. Any judgment or settlement is binding on both the Class Representative and any of the class members who do not opt out.

After a Class Action complaint is filed, but before the trial, the Court must determine whether the case meets all of the legal requirements of a class action lawsuit. These requirements include whether there is a sufficient number of people who have been affected in a similar manner by the defendant, and whether the Class Representatives will fairly and adequately represent the Class. For this reason, it is important that the Class have the best possible Class Representatives.

If the Court certifies that a case should be prosecuted as a Class Action, the Court will order that the Class be notified and, if appropriate, be given the opportunity to opt out of the Class. The Class notice may be sent by mail, published in newspapers or magazines, broadcast on TV or radio, posted on an internet website, or a combination of these methods. Generally, if you receive a Class notice and want to stay in the Class, you do not need to do anything. If there is a successful judgment or settlement, all Class members will be notified and given an opportunity to claim their share of the judgment. If you want to opt out, the notice will give instructions as to how to do so – usually this is as simple as sending a letter to an address specified in the Class notice.

No. Neither the Class Representative nor the Class members pay anything in order to participate in a class action lawsuit. If a class action lawsuit results in the establishment of a common fund for compensation of Class members, the class action lawyers will apply to the court for reimbursement of their fees and expenses to be paid from the common fund. In some cases, the settlement provides that the defendant must pay, in addition to the Class members’ damages, the legal fees and expenses of the Class, subject to court approval.

For each class action lawsuit, you will have to follow the instructions set out in the Class notice. There are different ways that you can participate in a class action lawsuit. First, you can serve as one of the Class Representatives. The Class Representative participates in the litigation, which may include producing relevant documents and possibly testifying at deposition or trial. Even if you are not an official Class Representative, you can participate by providing information, documents, or other assistance to the Class Representative and his or her class action lawyers. Bonsignore Trial Lawyers encourage all Class members to contact us if they have any questions, comments, or information concerning a class action lawsuit. Click here for a confidential questionnaire or call Robert Bonsignore at (781) 350-0000.

It costs you nothing to serve as a Class Representative, and there are clear advantages to doing so. By joining the case you increase the likelihood that the Court will certify the case as a Class Action. By providing information or documents you increase the likelihood that the case will be successful, which will benefit you as a Class member. As a Class Representative you will have input into how the case is handled, including the terms of any settlement. There are no special qualifications or requirements for someone to serve as a Class Representative. By serving as a Class Representative, or by assisting with the prosecution of the case, you will be helping both yourself and your fellow Class members.

If you are interested in participating in any of the class action lawsuits listed on this site, or if you believe you have a case that should be pursued as a class action lawsuit, you may Contact Us Today!