CLASS ACTION ATTORNEYS PROUDLY SERVING CALIFORNIA
A class action allows for an individual to bring an action on behalf of others who are similarly situated, when it is not financially practical to bring a sole individual case.
List Rules For Class Action Lawsuits
The legal theory of a class action lawsuit is deeply rooted in historic English common law. However, in the nineteenth century, the Supreme Court ruled that a representative is entitled to sue on behalf of “similarly situated” individuals, and the resulting judgment would be binding on all members of the “class.” Since this time, the Federal Rules of Civil Procedure list rules for class action lawsuits, including:
- The class is so numerous a joinder is impracticable;
- Questions of law or fact are common to the class;
- Claims or defenses of the representatives are typical of claims or defenses of the class;
- The representatives will fairly protect the interests of the class.
Class actions have become an effective tool in bringing justice to a large number of people in a single case.
TYPES OF CLASS ACTION SUITS
One of the most common types of class action litigation is those involving medication which causes extensive harm to individuals who ingest these drugs which may not have fully passed FDA scrutiny or were hurried along in the process. Many pharmaceutical companies goad doctors and hospitals to recommend various drugs without highlighting side effects that can be life-threatening.
Product Defect/Product Liability
Product defects plague all industries – from toys to electronics. Manufacturers and retailers may be held liable for any injuries which occur as a result of the failure to adequately test the products. Manufacturers must include warnings for all types of uses, whether or not the use was intended or a misuse. For example, a toddler who asphyxiates due to plastic wrapping is not an intended use of the product, although most companies still include this warning. Other products must contain similar warnings when their products may be harmful even if misused.
Similar to other types of class action lawsuits, employees who are similarly situated and have suffered harm caused by an employer will be eligible to pursue a claim for damages. Claims may be based on violations of state or federal law, such as violations of overtime, discrimination, or harassment laws.
CONTACT A CLASS ACTION LAWSUIT ATTORNEY TODAY
If you have experienced an injury which you believe may have occurred to other individuals, do not hesitate to contact an attorney who can assist you in developing your claim and determining if a class action lawsuit is the appropriate next step.