Attorney for Class Action Lawsuits
Do You Want to Start or Join a Class Action Lawsuit? Our Lawyers Can Help.
A manufacturer knows its product has defects that cause harm but sells it to the public anyway.
A pharmaceutical company markets a prescription drug after discovering taking the medication increases the risk of developing cancer.
An employer discriminates against women by paying them less than men across the board.
A business makes false statements about its prospects during a press conference to encourage investors to purchase shares of stock.
These company decisions may injure, kill, or financially harm hundreds, thousands – even millions of people.
If you are one of the people harmed by these acts or omissions, you may have grounds to join a class action lawsuit or start one.
Keep reading to learn more about these types of legal actions.
Then call (804) 251-1620 to schedule a confidential consultation with a skilled class action lawyer in Virginia.
What Exactly is a Class Action Lawsuit?
The United States Supreme Court has explained that a class action lawsuit is an exception to the usual rule that litigation is between the individually named parties only.
In a class action, one person or a small group files a lawsuit for themselves and others who suffered injury because of the defendants.
The viability of a class action lawsuit generally depends on how many individuals were harmed and the type of harm. A plaintiff deemed the representative of a class of individuals (also called the lead plaintiff) can pursue certification as a class and oversee the handling of the litigation, including a class action settlement.
Class action lawsuits are usually multidistrict cases heard in federal court. This means the Virginia federal courts – including the Eastern District of Virginia and Western District of Virginia – are generally authorized to oversee class action lawsuits filed in the Commonwealth.
Types of Class Action Lawsuits
Class actions typically fall into one of the following areas:
Antitrust Class Action
Companies that engage in anti-competitive activities, such as manipulating the market or fixing prices, may be named defendants in antitrust class actions.
Consumer Fraud Class Action
A consumer fraud class action alleges that a business misled consumers into overpaying for a good or service or paying for a service or product that consumers did not receive.
Environmental or Toxic Tort Class Actions
In a toxic tort class action, a plaintiff sues the defendant for contaminating the environment and causing injury, death, or financial harm.
Labor and Employment Class Action
A labor or employment class action lawsuit may allege the employer discriminates against a group of workers based on race, gender, age, religion, or other protected characteristic.
In addition, a labor class action may allege the employer misclassifies a group of workers as independent contractors when those workers are employees.
Product Liability Class Action
With a product liability class action, a consumer alleges the manufacturer sold faulty goods that caused harm.
Many class action lawsuits alleging product defects also allege fraudulent concealment and breach of warranty.
Securities Class Action
Many securities class action lawsuits involve one or more shareholders suing a corporation on behalf of shareholders because the company management’s acts caused its share price to fall, leading to monetary losses for investors.
Statutory Violations
A federal statute may grant damage awards for each violation.
This feature may lead to class actions alleging violations of a specific federal law that imposes a minimum penalty for each violation.
Procedural Requirements for Filing a Class Action Lawsuit
Rule 23 of the Federal Rules of Civil Procedure describes the rules for filing class action lawsuits.
The first part of Rule 23 sets forth the prerequisites necessary to establish and certify a class action lawsuit. These requirements include the following:
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- Numerosity: The class must be sufficiently numerous such that it would promote judicial efficiency to litigate the matter as a class rather than a disparate set of individual lawsuits.
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- Common Questions of Law or Fact Apply to the Class Members: Each class member’s litigation should involve similar questions of law or fact.
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- Commonality in Claims or Defenses: The parties’ claims (causes of action) or defenses will be typical of those raised in other lawsuits involving the class.
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- Certifying Class Will Protect the Interests of the Claimants: The parties designated to represent the class must be able to protect the interests of all class members.
What It Means to Be a Class Member
A class member is an individual or entity who belongs to a specific group directly affected by allegations against a defendant or defendants.
A lead plaintiff is responsible for filing the class action lawsuit on behalf of the proposed class harmed by some action or omission of the defendant(s).
However, members of the proposed class only become actual members once the lead plaintiff’s Virginia class action lawyer persuades a judge that class certification is necessary and proper, and the court enters a certification order.
How a Judge Determines if a Class Should Be Certified
Simply wanting to pursue a class action lawsuit is not enough, even if the same product, device, or act harmed multiple individuals.
You and your class action lawyer must follow a certification process.
Ultimately, it is up to the judge assigned to your case to determine if you can proceed with a class action lawsuit.
As mentioned above, to meet the requirements for class action lawsuit certification, there must be a large enough number of affected individuals that it is impractical for each of them to bring an individual lawsuit, and there must be questions of law that are common to each class member. This means the alleged harm suffered by each class member must share similarities.
If a court grants class certification, it must also approve a plaintiff as a class representative. This means a judge has to find that the lead plaintiff made claims applicable to the class as a whole and can protect all class members’ interests.
Benefits of Class Action Lawsuits
There are many reasons why courts in Virginia and across the country allow class action lawsuits to proceed.
Here are just some of the benefits associated with class action litigation:
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- Efficiency: Since class action lawsuits enable a large group of plaintiffs to come together to pursue a single claim, they may be more effective than a disparate array of individual lawsuits. Litigating a dispute as a class will also help promote judicial efficiency and reduce the burden on court dockets.
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- Equitable Treatment: Class action lawsuits have the potential to guarantee that every class member receives equal treatment.
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- Deterrence: Class action lawsuits can deter future wrongdoing by holding businesses and individuals accountable for their actions.
Filing a Class Action Lawsuit in Virginia
If you are interested in filing a class action lawsuit, or joining an active class action, then we recommend that you speak with an experienced and knowledgeable class action lawsuit lawyer in Virginia to discuss your legal options.
In addition to assisting you with the class action certification process, a skilled and respected attorney can assess your case and determine if moving forward in the litigation process is viable.
The following criteria may apply to your eligibility for participation in a class action lawsuit:
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- Membership in the class: You must be a member of the defined class of people who have experienced comparable harm.
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- Timeliness: You must fulfill specific requirements or deadlines to join the class.
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- Opt-out option: Certain class action lawsuits allow individuals to choose not to participate and pursue their claims.
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- Attorney representation: You may need legal representation to participate in the class action lawsuit.
Joining an Active Class Action Lawsuit
If you are looking to join an active class action lawsuit, there are generally two pathways: (1) file a class action lawsuit and serve as a lead plaintiff or (2) join a class action lawsuit as a class member.
Once a judge grants certification to a class of individuals, potential class members such as you should receive notice of the class action lawsuit. In addition, advertisements are often posted in newspapers, magazines, and online to notify consumers about the class action litigation.
When you find out about a class action lawsuit for which you’re qualified, it is important to follow the directions on the notice. Typically, you will either contact the class counsel or the settlement administrator to join a class action lawsuit. The notice should provide contact information. If funds are made available following a trial or settlement, you may need to file a claim form to be eligible for benefits.
After you join the class action lawsuit, you must wait for the case to be decided, either at trial or through a settlement. If you qualify for benefits, you will either receive them automatically or you will receive additional instructions on how to file a claim.
Role of a Richmond Class Action Lawsuit Attorney
There are some claims, such as car crash lawsuits involving minor injuries where you can handle the legal process without a lawyer. However, a viable class action lawsuit is usually not one of them because the rules and procedures associated with class action litigation are complex and rife with pitfalls.
A critical player in advancing the class’s interests is an experienced Richmond class action attorney.
When you engage with a knowledgeable class action lawyer, they will:
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- Examine the case: Class action lawyers will conduct a comprehensive investigation to obtain information and identify the defendants.
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- File the complaint: Your Richmond class action attorney will represent the class during the legal process and file the lawsuit on behalf of the group (or assist lead counsel for the class).
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- Attempt to negotiate a settlement: If the parties do not resolve the case by settlement, your class action lawyer in Virginia will represent the class in court (or assist the lead class counsel).
Class Action Lawsuit Settlements
A class action settlement occurs when the lead plaintiff and defendants decide to end the lawsuit and agree on fair compensation to terminate the legal process. The typical class action settlement involves cash payments or coupons for future services for the class members.
A class action settlement is not an admission of guilt by the defendant or defendants. Usually the class action defendant makes a business decision to pay the class members instead of facing the expense of litigation and the uncertainty of trials and appeals.
Once both the defendant and the plaintiffs tell the court that they agree to the class action settlement terms, the judge will typically grant preliminary approval.
After receiving preliminary approval, the settlement administrator will begin the notification process for class members. In addition, the settlement administrator will create a website for class members to file individual claims for payment and follow the settlement process.
The class action settlement does not become effective—and funds will not be distributed to valid claimants—until the judge presiding over the lawsuit grants final approval to the agreement. Often final approval requires multiple hearings to review the class action settlement terms and hear objections from dissenters.
To determine who is qualified to receive settlement funds, the two parties and the judge overseeing the case will need to agree on a clear class definition. The class definition may include the following:
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- The specific product or service included in the lawsuit
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- The dates the product or service was purchased or used
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- The state(s) where the product/service was purchased
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- Other relevant details
If you meet the court’s class criteria, you can submit a claim to receive a payout from the class action settlement.
There are important deadlines to monitor when participating in a class action settlement, including:
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- Claim Form Deadline: This is the last day to file a claim online or have it postmarked if sent by regular U.S. mail.
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- Exclusion or “Opt Out” Deadline: This is the last day a class member may exclude themself from a class action settlement. Opting out of the settlement may be ideal if you do not agree to the settlement agreement’s terms. If you opt out, you must pursue an individual lawsuit against the defendant.
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- Objection Deadline: You may object to the class settlement action if you think other terms should apply.
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- Final Approval Hearing: The judge will hear arguments about whether or not to approve the class action settlement.
Receiving settlement funds from a class action lawsuit may take some time. As discussed above, a judge will have the final say about the settlement and whether it is fair and reasonable to class members. In addition, objections and appeals may cause significant delays in the distribution of settlement funds. Although some cases resolve and pay out quickly, it may take months – or even years – to receive payment from a class action lawsuit.
Have Questions About Joining or Filing a Class Action Lawsuit? Contact an Experienced Richmond Class Action Lawyer
If you have questions about your ability to join an active class action lawsuit or want to pursue a class action lawsuit, now is the time to contact our firm to discuss your legal options.
Our Virginia class action lawsuit attorneys are ready to help.
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