Class Action Lawsuits
Do you feel you have been wronged by your employer? Chances are you are not alone. Class action lawsuits provide an avenue to pursue litigation in a single lawsuit on behalf of numerous employees with identical claims. In this case, damages are sought in a single action for an entire group rather than separate lawsuits.
Class actions are a critical aspect of our legal system because they can help victims demand and receive justice while also deterring future violations from the employer through collective action.
Your Class Action Attorney
Empowering and assisting employees in filing a class action lawsuit can provide them with dynamic legal resources to address their collective grievances, and help them seek justice. Ward Lott is a proven attorney ready to guide and support employees through the litigation process. To learn more about how you can benefit from a class action lawsuit contact Lott Law.
Q: When Are Class Action Lawsuits Necessary?
According to California law, what constitutes the necessity of a class action lawsuit relies on two primary factors:
- A legal claim that negatively impacts a group of individuals
- The number of individuals affected is so great it would be impractical to pursue litigation individually
Q: What Is Needed To File A Class Action Lawsuit?
According to California law, there are three things a class action must have to file a suit:
- Standing – Do you have the right to file a lawsuit against the person or business you have a dispute with. To file a lawsuit in court, you have to be someone directly affected by the legal dispute you are suing about.
- Natural Person or Legal Entity – To be an “actual legal entity” you need to be a natural person, a corporation, and business partnership, non-profit, and/or group of citizens that can prove to the court they have similar interests in the subject matter
- Legal Capacity – You must have the “legal capacity” to be party to a lawsuit. Those with a “legal disability” (e.g., under 18 years of age; people who are judged mentally incompetent because of illness, age, or infirmity) can generally only file suites through a legal representative, like a parent, guardian, trustee or executor
Q: How Many People Are Needed For A Class Action Lawsuit?
Both federal and California law provide similar context on the number of individuals needed for a class action.
Federal Class Action Lawsuits
The law does not provide a specific number. Instead, Rule 23, requires “numerosity” and requires that “the class is so numerous that joinder of class members is impracticable.” In other terms, this means that the federal court must be convinced that it would be impracticable for defendants to file individual claims.
California Class Action Lawsuits
The California Code of Civil Procedure Rule 382, a similar sentiment as Rule 23, by stating that there are enough defendants when it is “impracticable to bring them all before the court.”
Q: What Are The Benefits Of Filing A Class Action Lawsuit?
Class action lawsuits offer a variety of benefits including:
- Lowers the cost of litigation for the individual dues to the large group of people
- Gives individuals with a minor case the ability to bring it to court
- Eliminates different court rulings for the same issue
- Obtain more substantial compensation
- Greater efficiency in the judicial system
Contact A Class Action Lawyer Today
If you and others are ready to file a class action lawsuit, it is important to know your rights and work with an experienced class action attorney. Lott Law has the legal resources and necessary expertise to maximize the collective strength of your case, and advocate on behalf on the entire group for a safe work environment.