The judge presiding over the class action must review the attorneys' request for fees to make sure it is reasonable. If a class action is successful, the attorneys representing the class members usually receive a percentage of the amount that is recovered by the lawsuit or a fixed amount that is separate from the settlement fund. Click here for more information about multidistrict litigation. A multidistrict litigation, on the other hand, is made up of many individual lawsuits filed in federal district courts across the country. What is the difference between a class action and a multidistrict litigation?Ī class action is a lawsuit filed on behalf of many individuals who have suffered a similar financial harm or physical injury. If you participate in a class action against your employer alleging workplace discrimination or violations of wage and hour laws, federal law protects you against retaliation by your employer. Can I get fired for participating in a class action lawsuit against my employer? Essentially, the legal system has already given you – and potentially thousands of others – a chance to recover compensation, and, for whatever reason, decided that the claims alleged in the class action did not have merit or should not be resolved in consumers' favor. If the case, however, is dismissed or a jury rules in favor of the defendant, both the person who filed the suit and the class members will not be entitled to any settlement money.įurthermore, while you cannot "get in trouble" for participating in a class action, even one that is unsuccessful, you may be prevented from filing another lawsuit involving the same allegations. Keep in mind that, in most cases, you are not the one who actually filed the lawsuit so, technically, you can't lose a class action. The transcript of the deposition becomes part of the record in the case and may be used by either side as evidence during the trial. Lawyers for all parties to the case may be present at the deposition. At a deposition, a lawyer will ask a witness questions under oath regarding the facts that form the basis of the lawsuit. Lawyers for both sides may also conduct depositions during the discovery phase of a lawsuit. These documents may then be submitted to the court as evidence to prove or defend against claims made in the lawsuit. This includes both written documents and electronic communications, including company e-mails. During discovery, attorneys representing the class members will request that the company being sued turn over all documents relating to the allegations contained in the lawsuit. What is discovery?ĭiscovery is the pre-trial phase of a lawsuit. After the hearing, the judge will issue a ruling either approving the proposed settlement or rejecting it. If any class members object to the terms of the proposed settlement, they will have an opportunity to testify at a fairness hearing to voice their concerns. The judge presiding over a class action will conduct a fairness hearing to determine if the terms of a proposed settlement are fair and offer adequate compensation to the class members. ![]() What is the fairness hearing in a class action? In a federal case, the judge will certify a lawsuit as a class action only if the attorneys for the class are able to satisfy several requirements. In granting class certification, the judge is giving the go-ahead for the case to proceed as a class action. What is class certification?Īlthough a lawsuit may be filed and proposed as a class action, it doesn't officially become a class action until the judge in the case issues a ruling known as class certification. Yes, although a corporation is usually the defendant in a class action. Can a corporation be a lead plaintiff in a class action? between Jand December 31, 2013.Īnyone who purchased this car during that time period would be considered a member of the class and therefore could benefit from any settlement or judgment that results from the lawsuit. The class is defined as anyone who bought a Sonic Hybrid vehicle from GreenCar, Inc. ![]() and alleges the company overstated the estimated gas mileage for some of its vehicles. Assume a false advertising class action is filed against GreenCar, Inc.
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