When multiple individuals, from consumers to workers to a particular defined demographic, are victimized by fraud, corporate practices, or even false advertising, a class action lawsuit presents an opportunity to recover damages related to personal injury and economic losses, as well, through an injunction, make permanent changes to a company’s or industry’s practices.
From product recalls to dangerous medication belviq class action lawsuit on the market, the instances of both actual and proposed lawsuits cover a broad spectrum, from individuals given a drug not thoroughly tested before entering the market to a certain group of similar individuals discriminated against by workplace policies. Even with such a diverse range, however, a uniform process is used for filing, following the Federal Rules of Civil Procedure Rule 23.
In certain cases, an individual case’s high cost of legal representation and the low reward may make filing such a suit a more economical option. But, on a general, in layman’s terms level, how does one file a class action suit?
1. Find an attorney. As simple as it seems, individuals cannot represent themselves in a class action lawsuit – an attorney must be present. Legal directories list names of class action lawyers, or you can look online for attorneys in your area.
2. Sign an agreement with the attorney and file. Believe it or not, only one person with legal representation is needed to file – just as long as the attorney ascertains a substantial “class” was similarly harmed and will file suit.
3. The class is certified. During the time the plaintiff files a motion, a class is determined. This pre-trial discovery phase involves the defendant, who has the chance to shoot down the notion the “class” in the suit is an actual, unified group and not separate individuals with disparate cases. However, keep in mind that in order for the lawsuit to qualify as “class action,” the plaintiff needs to be at least 30 to 50 people, if not more.