Class Action Lawyers Belleville, IL

Types of Class Action Lawsuits

There are several types of cases in which a class action may be appropriate, these include:

• Product Defects
• Vehicle Part Defects
• Predatory Lending Practices
• Unlawful Debt Collection Practices
• Overcharging for a Product or Service
• Securities Fraud
• Civil Rights Violations
• Unlawful Employment Practices

We’ve handled many class action cases, and they can come in many forms. In one of those cases, the corporation made salsa. It claimed the salsa was “all-natural.” But it wasn’t. As part of the settlement agreement, the corporation agreed to change its label by removing the claim that the salsa was “all-natural.”

How Does the Class Action Process Work?

The class action process begins when a lawyer files the class action lawsuit on behalf of the whole group of citizens — called the “class.” But not all members of the class take part in the litigation.

Instead, the class is represented by one individual (or sometimes a small group like three or four) who stand in for the rest of the class.

There are a number of factors that must be considered in determining whether or not to file a class action. In general, for a proposed class to become certified, the following requirements must be met:

• Numerosity: The class is so numerous that it would be impractical for all individual members to file separate lawsuits;
• Commonality: Common factual and legal claims exist among the members of the class;
• Typicality: The claims made are typical among the members of the class;
• Skilled Representation: The class has adequate legal representation to ensure that the rights and interests of its members are protected.

In every class action lawsuit, there is a class representative (or a class plaintiff) and the class. The class representative is an individual or small group of individuals who will file the class action against the entity for themselves and a larger group of people similarly affected. Only the class plaintiff or plaintiffs participate in the litigation and trial. But if the plaintiff wins, the compensation will benefit every member in the class, hopefully returning to them what has been lost.

A class action can be filed in a state court or a federal court. If the impact of the entity’s negligent or reckless actions reaches far beyond state boundaries, then it is more likely that the action will end up in federal court. Once a class action is certified, the judge is responsible for defining the scope.

If the harm to the class is ongoing – if the corporation continues to cheat consumers – then the plaintiff may ask the court to make the corporation stop. For example, the court could order the corporation to change its label.

And sometimes the case settles, and in the settlement agreement that is approved by the court, the corporation agrees to change the label voluntarily in exchange for dismissal of the lawsuit.

Discuss your Potential Class Action Lawsuit with Nelson & Nelson Today

Class actions can be an effective legal avenue for holding parties responsible when their negative actions cause injury to a large number of victims. Certain criteria must be met for a class to be certified, however, and it is important for the class to have strong legal representation.

At Nelson & Nelson, we thoroughly understand how class actions work, and we can fully assess your case to determine if this type of action would be appropriate. We enjoy working on class actions because when we win, we win on behalf of hundreds or thousands of people.

For a free, no-obligation consultation with one of our experienced attorneys, contact us today at (618) 277-5000.