A lot of high-profile cases are described as “class action lawsuits,” but what does this mean, exactly? Simply put, a class action lawsuit effectively allows a number or group of people with a common interest to sue as a group, or a “class” of plaintiffs that have been harmed by the same company, product, etc.

Filing a class action lawsuit?

Although courts typically have to provide permission for action to be filed as a class action, it behooves the legal system to allow for class action lawsuits in general promoting efficiency and preventing many identical claims to be filed separately. However, there are requirements that must be met before a class action lawsuit may be successfully filed.

Rule 23

According to the federal rules, there are prerequisites to allowing one or more members of a class to sue as representative parties on behalf of all members. A class action lawsuit can only be brought if:

• The class is so numerous that joining all members is impracticable;
• The class shares common questions of law or fact;
• The claims or defenses are typical of the claims or defenses of the class; and
• The representative parties will fairly and adequately protect the interests of the class.

In addition to all of the above, one of the following must be satisfied:

• Prosecuting separate actions by individual class members would create a risk of inconsistent or varying adjudications with respect to the individual class members, establishing incompatible standards of conduct for the party opposing the class; or would be dispositive of the interests of other members of that class which are not party to these adjudications, substantially impairing the ability for these individuals to protect their interests;
• The party opposing the class (defendant) has acted or refused to act on grounds that apply generally to the class such that relief is appropriate respecting the class as a whole; or
• The court finds that questions of law or fact common to the class members predominate and a class action is superior to other methods available to adjudicate the controversy.

Given this burden of the court needing to approve a class action lawsuit, experienced attorneys who have handled these types of cases are needed to represent affected parties.

Circumstances and Initiation of Class Action Lawsuits

Asbestos-related injuries have historically been one of the issues covered in class action lawsuits, as well as issues related to exposure to environmental toxins. Typically, incidents, products, or conditions, which result in injuries to large numbers of people, are common sense claims for class action lawsuits.

Different circumstances will give rise to the initiation of a class action lawsuit. Often, one person is injured and seeks advice from an attorney, who then connects the dots with other injured parties.

If you or a loved one is the victim of a personal injury in a serious accident, contact an attorney at Harrell & Nowak, serving Louisiana, including Covington, Mandeville, Slidell, and nearby communities. A member of our legal team will be happy to meet with you to discuss your claim.