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Think You Have A Class Action?

Think You Have A Class Action?

You might.  To be sure, call us for a free consultation.  There are several considerations.  First, the sheer number of claims must be so large that it is more practical for a court to handle them in one lawsuit.  This first consideration is known in legal circles as numerosity.  Second, the claims must be based in common facts and law, i.e. they must be similar to the point of almost being identical in factual and legal basis.  This second consideration is known in legal circles as “commonality”.  Third, you must have a claim that is typical of the cases that would fall within the prospective class.  This third consideration is known in legal circles as “typicality.”    Finally, you must be capable of fairly representing the entire class as the class representative or named class plaintiff in the case.  This means that you would be capable of representing the entire class of people affected fairly and that you are not using the class action to simply benefit yourself at the expense of the class members.  This final consideration is known as “adequacy.”

Examples of viable class actions are cases involving defective products that manufacturers won’t repair or replace, cases involving numerous underpaid employees who have wage and hour claims, customers whose personal information has been stolen from retail or finance establishments, and defective drugs that cause similar damage.  If you believe you have a class action, let us meet with you and discuss your situation.  Otherwise, people in your position will continue to be harmed.

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