Class Action FAQ's

What is a Class Action?
A class action lawsuit is filed by one person, or a small group, who share a similar legal claim with a large number of people. An example of a class would be all individuals who purchased a defective product and were harmed by the product. If a court determines that the person or group who filed the class action lawsuit adequately represent the interests of the entire class of people injured by the wrongful conduct of a defendant, such as the manufacturer of a defective product, then the class will be "certified" and the class action lawsuit may proceed. Once a class action lawsuit has been resolved by way of a settlement or verdict, all the members of the class as defined in the lawsuit, are bound by the outcome.

What is Multidistrict Litigation?
When several individual lawsuits arising out of the same basic facts are filed in multiple federal courts, the cases can be coordinated into one district court. This process is known as multidistrict litigation, and the coordinated action is referred to as an MDL. Just as in a class action, in an MDL one judge handles all pretrial activities. Thus MDL litigation achieves many of the same efficiencies of class actions, but also preserving an individual's separate lawsuit. There is no class and no class representative suit, just hundreds or thousands of suits assigned to one judge for pretrial proceedings.

Why do Courts Use Class Actions and MDL's?
Class action lawsuits and MDL litigation are both effective in leveling the playing field when individuals or small businesses sue powerful organizations. Like most of us, courts have limited resources and class actions and MDL's provide a method for courts to process the same legal and factual issues efficiently. Even defendants like class actions because it saves them from having hundreds of people answering questions hundreds of times by hundreds of different lawyers in several courts in multiple states. That would be chaos, expensive for everyone and prevent courts from attending to other cases. So class actions and MDL's are valuable tools for seeking compensation, implementing an injunction, or determining the legal rights of a large group of people all at one time and in one court.

Are There Special Class Action Lawyers?
Any lawyer licensed to practice can file a class action lawsuit on behalf of his or her client. But class action lawsuits and multidistrict litigation are complex. They require attorneys with specialized skills and firms with tremendous resources. Thus, it is wise to retain an experienced class action lawyer.

Pursuing Class Action and MDL Lawsuits
Our firm has the background to pursue class action cases statewide, nationwide, or MDL litigation throughout the country. We have utilized class action lawsuits in employment disputes, complicated insurance issues, consumer protection claims, RICO and antitrust actions and pharmaceutical drug and medical device cases. A class action attorney with Sommers Schwartz can review your case, whether you are a consumer or business, in order to evaluate the merits of the case.