Class Action Lawsuits

Class action lawsuits are legal proceedings that allow one person, or a small number of individuals, to bring a claim on behalf of hundreds or thousands of other persons in a similar situation with similar complaints against the same entity. These proceedings serve as a significant tool against powerful corporations and industries.

The strength of a class action lawsuit places the person with a claim (Plaintiff) on level with influential corporate entities (Defendant). There are certain requirements that must be met in order to proceed with a class action lawsuit.

In order to proceed with a class action lawsuit, a plaintiff's lawyer must first file the lawsuit and ask the Court to approve or certify a class. In making this decision, the Court will consider four major factors:

First of all, there must be enough people affected by the illegal practice to justify a class action. The Court will take into consideration whether it is better to hear them together as a class or separately.
Second, the complaints of the plaintiffs must be based on legal grounds, which are common to all class members.
Third, the damage or injuries to all members of the prospective class must be similar and the claims should be typical of all members of the class.
Fourth, the law firm bringing the case must be willing and able to represent the interests of all members of the class.

After considering the factors above, the Court may certify the class and allow the case to proceed as a class action lawsuit. At that time, prospective members of the class must be notified of the action and allowed an opportunity to opt out of the class representation. Class members, who opt out, then have an opportunity to proceed in an individual claim against the defendant. Individuals, who qualify as members of the class and fail to exclude themselves from the class action, are bound by the final judgment in the case.

Certain areas of the law are better suited for class action cases than others. Following are some examples of claims well suited for class action lawsuits:

Deceptive Trade Practices Claims against a corporation or group of corporations.
Claims against manufacturers for injuries resulting from unsafe products like prescription drugs, automobiles, machinery, recalled products and any thing that is made that causes injury
Insurance companies routinely denying the payment of benefits in disability claim which results in claims.
Claims against companies for charging unauthorized fees to consumers in retail installment contracts.
Securities and anti-trust fraud claims.

Some Recent class action claims include:

American Cemwood Roofing Litigation. Website. Legal notices and claim forms pertaining to a partial settlement reached for $105 million with some of the defendants related to the manufacture and sale of cement/fiber roofing products known as Cemwood Shakes.
Toxic Tort. Harris et at., v. National Semiconductor, et al., Superior Court of Santa Clara County, California. Class action for all clean room workers at National Semiconductor and its subsidiaries who have developed cancer and for all offspring of clean room workers born with congenital anomalies. The adult cancers include leukemia and cancers of the breast, brain, and uterus. Birth defects in offspring include missing fingers, dental anomalies, and neurologic deficits.
Acuvue Contact Lens Settlement. Legal notices and benefits information for a court-approved nationwide class action settlement for Acuvue contact lens wearers.
Bausch & Lomb- Bausch & Lomb Inc. linked to the recalled ReNu with MoistureLoc contact lens cleaner
Bone and Tissue Recall- Body Parts harvested without permission may pose health risks
Ortho Evra- Ortho Evra has linked to several deaths in the United States
American Home Products Diet Drug Settlement Settlement agreement and claim forms pertaining to class action litigation involving the diet drugs Pondimin and/or Redux, or the diet drug combination known as Fen-Phen.
Empoyment Rights. Allstate Insurance Agent Litigation, Superior Court, California, J.C.C.P. Nos. 2984 & 2985. The Firm represented hundreds of California Allstate Insurance agents who had not been reimbursed for the cost of maintaining Allstate offices between January 1, 1990, and April 30, 1996. In January 1995, the Court certified this case as a class action and final settlement was approved on March 20, 1996
Shareholder Fraud. Imp, Inc., Securities Litigation, Santa Clara Superior Court, California, No. CV762109. The Firm represents shareholders of Imp, Inc. in an action against certain insiders of Imp, Inc., for alleged insider trading of the Company's stock.
Shareholder Fraud. CBT Group Derivative Litigation, San Mateo Superior Court, California, No. 406767. The firm serves as one of two plaintiffs' counsel representing shareholders of CBT Group, PLC, in a derivative action against officers and directors of the Company.
Shareholder Fraud. Unison Healthcare Corporation Litigation, United States District Court of Arizona, Case No. Civ. 97-0583-PHX. The Firm serves as one of the Plaintiffs' Class Counsel representing investors in Unison Healthcare.
Price Fixing. Flat Glass Antitrust Litigation, United States District Court, Western District of Pennsylvania, MDL No. 1200 (and related cases). Mr. Audet of the Firm serves as one of five Court-appointed Discovery Committee members and as Plaintiffs' Counsel in a national class action antitrust case pending against the manufacturers of flat glass.

Other Recent Securutities Actions Include:

Securities Litigation Name
The Mills Corporation
Amkor Technology, Inc.
Repsol YPF, S.A.
Omnicare, Inc.
Coca-Cola Enterprises, Inc.
The Cooper Companies, Inc.
Chicago Bridge & Iron Co. NV
GrafTech International Limited
H&R Block, Inc.
Northfield Laboratories, Inc.
PainCare Holdings, Inc.
Merge Technologies, Inc. (d/b/a Merge Healthcare)
The Estee Lauder Companies Inc.

Your Class Action Claim

Many Americans unknowingly have a financial interest in these claims. The law is complex and often the stakes are often high. Additionally, there may be class actions that could possibly affect your rights, potentially stopping you from being able to file a claim later. To speak to an attorney, contact the Ogletree Abbott Law Firm toll-free worldwide at (888) 735-1828 or email us at Info@Ogletreeabbott.com and let us help you with your class action claim.