Class Action

Our class action lawyers at Yuhl Carr have served as class counsel on a variety of matters, including cases brought under California's Unfair Competition Law, Consumer Legal Remedies Act, Private Attorney General Act, as well as common law fraud claims, and applicable State and Federal labor regulations.

Mass Tort Vs Class Action

Unlike Mass Tort Claims that are coordinated by courts in Multi-District Litigations (MDL's), Class Actions are a type of litigation where many people may have suffered a similar injury and join to pursue results collectively. They can proceed in State or Federal Court, and some require "certification" and a class representative. The object is to reduce litigation costs to the parties and promote judicial economy, particularly in cases where individual losses may be small, but the aggregate loss is large. In this instance, a class action typically helps obtain recovery for all members of the class who otherwise would not be able to bring individual cases.

Types of Class Action Lawsuits

Nearly any situation where a large group of people can be negatively impacted is open to a class action lawsuit. Ultimately, these actions fall into a few broad categories, each having its own subset of potential class action suits. These categories include:

- Consumer Protection Cases: When companies use false advertising, create defective products, or engage in deceptive business practices, impacted consumers are entitled to compensation.
Securities Fraud: Sometimes, the quest for funding leads would-be entrepreneurs to behave in a way that's less than honest. When they do, investors potentially lose money because they weren't able to make informed decisions.
Employment Issues: Employers sometimes take advantage of employees. If wage disputes, workplace discrimination, or improper classification of employees impact a large enough number of its workforce, that employer may be open to a class action suit.
Environmental Damage: Pollution isn't just bad for the planet. If the pollutant is harmful, it can impact the health and happiness of citizens who live in the affected area. If the impact is strong enough, the organization responsible for the pollution can be held accountable.
Data Privacy Violations: Cybersecurity threats are growing, and not every company takes data security as seriously as they should. When their negligence results in a data breach, these suits seek remedies for consumers whose personal information was compromised. 

Understanding the Process Once a Class Action Lawsuit is Filed

Navigating the complexity of becoming a class action lawsuit participant is much easier if you understand the process. When a class action lawsuit is filed, it typically follows these steps:

- Investigation and Filing: Attorneys thoroughly investigate claims for legal validity. If there's a case, they'll continue by filing a complaint in court 
Class Certification: Certain requirements are in place for a suit to be classified as a class action. The court makes that determination based on the evidence presented. 
Notice to Class Members: Everyone who was impacted by the class action is notified that a case was filed and informed about their options for proceeding. 
Discovery: Like any other lawsuit, the discovery phase involved both sides exchanging information and evidence relevant to the claims. 
Resolution: Class action suits can be dismissed, settled out of court, or settled after proceeding to trial. 
Distribution: If the suit is successful, compensation is distributed to class members according to the settlement terms.

Class Action FAQs

- What are the three types of class actions?

Class actions fall into three categories:

- Rule 23(b)(1): Used when separate lawsuits could result in inconsistent rulings or impair the rights of others. 
Rule 23(b)(2): Used when the defendant's actions have impacted the entire class, opening the door for injunctive relief. 
Rule 23(b)(3): Used when common legal or factual questions are a larger part of the case than individual issues.

- Is it worth it to file a class action lawsuit?: When the claims are small, the cost of a lawsuit isn't worth what you'd get back. However, when a large number of people are impacted, the pooled resources provide access to justice that would otherwise be impractical.
How long do class action lawsuits take?: The timeframe for a class action varies due to a number of variables, but most class actions are resolved within 1-3 years. 
What are the risks of joining a class action lawsuit?: Joining a class action lawsuit typically brings no financial risk to class members; however, in joining the class action, you waive your right to pursue an individual lawsuit. 
How much money do people usually get from class action lawsuits?: Awards for class action suits vary dramatically depending on the details of the case, damages involved, and the number of participants. Individual compensation ranges from just a few dollars to potentially thousands of dollars. 
How do I know if I have a solid case for a class action lawsuit?: The rules for what constitutes a class action suit are complex. To learn if your case meets those requirements, consulting with an experienced class action attorney is the best path forward.

Why Choose Yuhl Carr for Your Class Action Case

To ensure the best outcomes in a class action case, you'll want to use the best attorneys. Recent successes of Yuhl | Carr include Class Action case against Mercedes-Benz for defective seat heaters generating approximately $72 million in recovery for affected consumers; Class Action settlement against Quorn Foods for mislabeling a product that contained mold as being "similar to or like" a mushroom, generating up to $120 million in potential recovery to the class. In these types of cases, Yuhl | Carr often associates with other Class Action firms to maximize the client's recovery.

Not only do these successes show off our capabilities, but they also provide useful experience to our team of attorneys. Through these successes and many others, our lawyers have gained deep insight into the complex procedural requirements, certification standards, and strategic considerations needed for a successful class action suit.

Contact our lawyers today for representation handling your Class Action case in Marina Del Rey, CA, and surrounding areas.

Image Credit: MIND AND I // Shutterstock

 

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