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Accutane Class Action and Accutane Lawsuits

The answer depends on the nature of the suit and your own individual circumstances. Often, class actions seek recovery for a large group of people, but individual damages may be small. For instance, if a mortgage company is improperly charging interest, and as a result every class member paid $100 more than he or she should have been charged, the cost of litigation may make it impractical to file such a case individually. On the other hand, if you have substantial damages and a serious claim, you should talk to a lawyer about whether to file your own lawsuit.

 

Can I be bound by a settlement or judgment of a class action?

Yes. If the court decides the underlying legal proceedings were fair, all absent class members are generally bound by the judgment or settlement of a case. But if the lawsuit is primarily to recover money, absent class members are entitled to notice and an opportunity to "opt out" (exclude themselves) from the proceedings.

If a person opts out, he is not bound by any judgment or settlement of the class action. If a person opts out, he may be free to bring a claim for damages individually. When a class action is for declaratory or injunctive relief, notice isn't required to bind absent class members and the court may not allow a person to opt out.

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