">
Home Your source for law, information and personal injury lawyers.
Aredia
Aredia and Jaw Osteonecrosis
Aredia and Osteoperosis
Aredia Health Warning
Auto Accidents
Brain Injuries
Car Accident
Motorcycle Accidents
Railroad Crossing Death
SUV Rollovers
Truck Accidents
Avandia
Aviation Accidents
Airplane Accidents
Bard Hernia Patch
Bard Hernia Patch
Birth Injuries
Birth Complications
Birth Defects
Brachial Plexus Palsy
C Section Complications
Cerebral Palsy
Delivery Complications
Erbs Palsy
Obstetricians Malpractice
Oxygen Deprivation
Boating Accidents
Brain Injury
Burn Injuries
Car Accidents
Auto Accident Statistics
Large Truck Accidents
Motorcycle Accident
Pedestrian Accident Death
Catastrophic Personal Injury
Brain Injury
Permanent Injuries
Scarring Cases
Spine / Spinal Injuries
Cerebral Palsy
Chemical Plant Explosion
Class Actions
Class Action Lawsuit
Complete MoisturePlus Contact Lens Solution
Construction Site Accidents
Crane Accident
Consumer Class Actions: Fuel Service Charge
Defective Drugs
Trasylol
Defective Medical Devices
Depo Provera Stroke
Disability Law
Dog Bite
Duragesic
Elidel Cream Cancer
Ford Explorer Rollovers
Fosamax
Fosamax and Jaw Osteonecrosis
Fosamax and Osteoporosis
Fosamax Class Action
Fosamax Health Warning
Fosamax Information
Fosamax News
Fosamax ONJ Class Action
Gadolinium Lawsuits
Gadolinium Injections
Magnevist
MultiHance
Nephrogenic Fibrosing Dermopathy
Nephrogenic Systemic Fibrosis
Omniscan
OptiMARK
ProHance
Hernia Patch Recall
Bard Composix Kugel
Investment Fraud
Ketek
FDA Press Release - Ketek
FDA Public Health Advisory - Ketek Tablets
Ketek Liver Damage
Ketek Q & A
Ketek Side Effects
Legal Malpractice
Long Term Disability Denial
Manganism
Medical Malpractice
Anesthesiologist Malpractice
Birth Injuries
Delay in Diagnosis Cancer
Heart Attacks
Hospital / Institutional Neglect
Massachusetts Medical Malpractice
Negligent Treatment or Care
Nursing Home Negligence
Obstetricians Malpractice
Plastic Surgery Malpractice
Psychiatric Malpractice
Sexual Abuse / Boundary Violations
Suicide Cases
Surgical Malpractice
Medicare Part D Unauthorized Prescription Dosage Change
Health Care Fraud
Medicaid Fraud
Medicare Fraud
Medtronic Defect in Sprint Fidelis Defibrillation Leads
Mesothelioma
Mesothelioma & Asbestos Exposure
Mesothelioma Lawyers
Mesothelioma Symptoms
Motorcycle Accident Lawyers
MRI Gadolinium
Nephrogenic Systemic Fibrosis NSF
Nursing Home Negligence
Beverly Enterprises Nursing Homes
Extendicare Nursing Homes
Nursing Home Abuse
Ortho Evra Birth Control Patch
Birth Control Patch Death
FDA - Ortho Evra
FDA MedWatch Warning
FDA Release - Ortho Evra
Ortho Evra Birth Stroke
Ortho Evra Blood Clots
Ortho Evra Heart Attack
Ortho Evra Patch
Ortho Evra Q & A
Parkinson's Disease
Paxil Birth Defect
Paxil Heart Defect
Pension Fraud
Personal Injury
Brain Injury
Broken Bones
Burn Injuries
Car Accidents
Head Injury
Herniated Disc
Personal Injury Law Overview
Personal Injury Lawyers
Personal Injury Search
Scar Injuries
Spine Injury
Personal Injury Blog
Pimecrolimus Cancer
Police Misconduct
Premise Liability
Drowning Accident
Swimming Pool Injury
Product Liability
Protopic Cancer
Provigil
Provigil Off Label Marketing
Psychiatric Malpractice
Razor Scooter
Razor Product Liability
Razor Scooter Injury
Razor Scooter Lawyer
ReNu Contact Lens Alert
Seasonal Oral Contraceptive Stroke
Sexual Assault
Shoulder Pain Pump
DonJoy Pain Pump
I-Flow Pain Pump
Stryker Pain Pump
Sick Building Syndrome
Social Security
Appeals
President George W. Bush and Senator John F. Kerry on SSDI and the SSA
Social Security Benefits
Social Security Disability
SSDI Benefits
SSI benefits
Widows Benefits
State Specific Pages
California
Massachusetts Lawyers
Ohio
Stock / Securities Fraud
Swimming Pool Accidents and Injury
Tacrolimus Cancer
Toxic Torts
Asbestos
Lead Paint Poisoning
Train Accidents
Amtrak Train Accident Lawyer
Trasylol
Aprotinin Injection
Trasylol Heart Attack
Trasylol Lawsuit
Trasylol News
Trasylol Side Effects
Trasylol Stroke
Trasylol Study Cites Dangers
Trasylol Warnings
Traumatic Brain Injuries
Truck Accident
Fatal Truck Accidents
Tractor Trailer Accidents
Unauthorized Prescription Changes
Welding Rods
Manganese
Manganese Welding Rod
Manganism
Welders Disease
Welders: Different Practices of Welding
Welding Rods and Parkinsons
Welding Rods Side Effects
Whistle-Blower
Defense Contractor Fraud
Governmental Fraud
Qui Tam
Report Medicare Fraud
Workers Compensation
Workplace Injuries
Wrongful Death
Wrongful Discharge
Zelnorm
Tegaserod Heart Attack / Stroke
Zelnorm Class Action
Zelnorm Heart Attack
Zelnorm Lawyers
Zelnorm Recall
Zelnorm Stroke
Zometa
Zometa and Jaw Osteonecrosis
Zometa and Osteoporosis
Zometa Health Warning


In law, a class action is an equitable procedural device used in litigation to determine the rights of and remedies, if any, for large numbers of people whose cases involve common questions of law and fact. Depending on the case, a class action may offer a number of advantages. Each of these advantages essentially stems from the fact that a class action aggregates a large number of individualized claims into one representational lawsuit.

 Although aggregation creates the potential for harm, it also creates potential benefits. First, aggregation may increase the efficiency of the legal process. In cases with common questions of law and fact, aggregation of claims into a class action may avoid the necessity of repeating "days of the same witnesses, exhibits and issues from trial to trial." Jenkins v. Raymark Indus., Inc., 782 F.2d 468, 473 (5th Cir. 1986) (granting certification of a class action involving asbestos).  Second, a class action overcomes "the problem that small recoveries do not provide the incentive for any individual to bring a solo action prosecuting his or her rights." Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 617 (1997) (quoting Mace v. Van Ru Credit Corp., 109 F.3d 388, 344 (7th Cir. 1997)). "A class action solves this problem by aggregating the relatively paltry potential recoveries into something worth someone’s (usually an attorney’s) labor." Amchem Prods., Inc., 521 U.S. at 617 (quoting Mace, 109 F.3d at 344). In other words, a class action ensures that a defendant who engages in widespread harm -- but does so minimally against each individual plaintiff -- must compensate those individuals for their injuries. For example, thousands of shareholders of a public company may have losses too small to justify separate lawsuits, but a class action can be brought efficiently on behalf of all shareholders. Third, in "limited fund" cases, a class action ensures that all plaintiffs receive relief and that early-filing plaintiffs do not raid the fund (i.e., the defendant) of all its assets before other plaintiffs may be compensated. See Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999). A class action in such a situation centralizes all claims into one venue where a court can equitably divide the assets amongst all the plaintiffs if they win the case.  Finally, a class action avoids the situation where different court rulings could create "incompatible standards" of conduct for the defendant to follow. For example, a court might certify a case for class treatment where a number of individual bond-holders sue to determine whether they may convert their bonds to common stock. Refusing to litigate the case in one trial could result in different outcomes and inconsistent standards of conduct for the defendant corporation. Thus, courts will generally allow a class action in such a situation. See, e.g., Van Gemert v. Boeing Co., 259 F. Supp. 125 (S.D.N.Y. 1966).

Whether a class action is superior to individual litigation depends on the case. The Advisory Committee Note to Rule 23, for example, states that mass torts are ordinarily "not appropriate" for class treatment. Class treatment generally does little to improve the efficiency of a mass tort because the claims almost always involve individualized issues of law and fact that will have to be re-tried on an individual basis. See Castano v. Am. Tobacco Co., 84 F.3d 734 (5th Cir. 1996) (rejecting nationwide class action against tobacco companies). Mass torts also involve high individual damage awards; thus, the absence of class treatment will not impede the ability of individual claimants to seek justice. See id. Other cases, however, may be more conducive to class treatment.

If you think you have a legal situation which would best be respolved via class action lawsuit, please fill out the form below to contact an attorney.