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Class Actions
There are times when so many parties (especially the plaintiffs) are involved in a lawsuit against a single party that the court has to treat them as a group rather than individually. This type of suit is what is known in legal practice as class action. It is a lawsuit which is brought for yourself and other persons in the same situation. If you are a member of the class who actively participates in the litigation, you must be able to convince the court that there are too many of you on the same group, your interests are the same as theirs, and you can adequately represent their needs.
Although a class action always involves at least a single issue of law or fact that is common to the numerous claimants, its laws and rules are very complex that it would be impossible not to seek the help of an attorney. You and other members of the class must choose a lawyer who has experience in class action lawsuits.
Once the court certifies a class action, it engages in procedures ensuring that each class member's interests are duly protected. In most class actions, the legal counsel is obliged to give notice to all class members. Each member must also be allowed to exercise his/her right to opt out (that is, to choose not to be a class member and to pursue his/her own litigation). If you are a non-participating member, you will still be bound by the court's judgment. You are, however, entitled to be notified of any proposed settlement and allowed to comment before final approval by the judge.
Mass torts, or torts claims by numerous people arising out of the same event or exposure to the same risk, are the most spectacular uses of class actions. Mass tort is exemplified in the case of the 14,000 schools across the country who were represented in a class action to recover costs for testing and removing asbestos insulation from asbestos manufacturers.
You may also resort to class action even for relatively small claims provided that there are many individual plaintiffs. If you are an airline passenger, for example, who pays a few dollars more for a plane ticket, you can actually file for class action for the overpricing of ticket prices. It may not be worthwhile to sue the airline individually because of the small size of the claims and the expense of the litigation. But the collective loss of the public is substantial. A class action suit in behalf of all consumers will ensure compliance with anti-price fixing laws and appropriate compensation to people injured by unlawful conduct.