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Accutane Class Action and Accutane Lawsuits

The Basics of Class Action

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The Basics of Class Action

What advantages does a class action have over a regular lawsuit?         

The class action rule is intended to improve court efficiency by allowing a large group of people with similar claims to join together in one lawsuit. One or more representatives of the harmed group go to court on behalf of everyone else who was similarly affected. If those representatives meet certain criteria, they are allowed to prove and settle not only their own claims, but the claims of everyone in the larger group as well.

A potential class action lurks whenever a company's actions harm lots of people. Class actions have been brought against the manufacturers and distributors of products as diverse as IUDs, computer monitors, asbestos and tobacco. Business practices that harm consumers, such as overcharging for banking services or using misleading information to sell products ("You're already a winner, send in your magazine subscription to collect your prize"), have spawned class actions. Shareholders can bring class actions against companies for poor management or misleading investment literature. Employees can sue employers collectively for discriminatory practices or for violating employment or benefit agreements.

Rule 23 of the Federal Rules of Civil Procedure usually governs class actions in federal courts. State courts have adopted similar rules with the same basic requirements.

Both state and federal courts set strict parameters to assure that a few people can adequately represent the interests of many. Here are the basic elements:

  • Numbers : The actions of the defendant have to affect so many people that it is more practical for a few representative plaintiffs to address the claims than for all the individual plaintiffs to join together in a regular lawsuit. If twenty people are swindled in a business venture, they can file their own lawsuits. But if hundreds or thousands have been harmed, a class action allows a few to represent the multitude.

  • Common claims : The claims must raise similar questions of law or fact so that it saves time to lump everybody together. If a hundred people all bought cars with defective seatbelts from the same company, a class action may be the way to handle the complaint.

  • Typical cases : The people bringing the lawsuit on behalf of others (the "named plaintiffs") must have the same claims and defenses as those they are representing. For example, a person who claims his seatbelt doesn't work cannot represent those who think the seatbelt works fine but the airbags inflate dangerously.

  • Fair and adequate representation : The plaintiffs and the class lawyers must be good caretakers for other people's claims. A lawyer who has made major mistakes in other class actions or a representative plaintiff who has lied under oath may not meet this criterion.

If these five criteria are met and all the class wants is an order telling the defendant to stop doing something - dumping waste into a river, for example - a judge will usually agree to "certify" the class. (Certification allows a few designated appointees to represent the other members of the class.) If the class also wants money, they have to prove that the claims and injuries are so similar that they can be well managed in one lawsuit. Mass tort cases, in which a lot of people have been physically injured in a disaster or by a dangerous product, are often denied class action status because the causes and extent of individual injuries vary so much from person to person.

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