Class Actions

A class action is a claim filed in court by a small number of people ("class representatives") on behalf of a large number of people ("the class"). Class actions can also be called representative actions.

These claims must arise from facts or law common to all persons who are included in the filing of the claim. Many class actions are filed for compensation or money damages. Sometimes class actions are filed seeking a declaratory or injunctive relief.

As far as damages, class actions can seek both punitive and compensatory damages. Compensatory damages are meant to address the defendants (those being sued), and direct damage. These funds will be used to address actual damages caused by the defendants, such as illness, loss of life, and/or pain and suffering. Punitive damages from a class action lawsuit are a form of punishment for the defendants committing illegal acts, or causing harm. Punitive damages in large class action lawsuits can be particularly high, when it is demonstrated the defendants have shown great disregard for the health, safety or emotional well being of the plaintiffs. When you join a class action, you give up your right to sue the Defendants independently for the same claim.

Before filing a class action, you need not find everyone who could participate in the class action lawsuit. One person can file the lawsuit as a representative plaintiff. Not all cases are appropriate for class action. The Court will consider many things in determining whether to consider your case as a class action. The Court must approve the class definition, either during litigation or at the time of settlement. Class actions can be filed in the State Court or Federal Court. The class action must be brought in a Federal Court if:

• the claim arises under federal law, or
• the amount in controversy exceeds $5,000,000 and
• any member of a class of plaintiffs is a citizen of a State different from any defendant or
• any member of a class of plaintiffs is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or
• any member of a class of plaintiffs is a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state.

You must consider these factors before filing a claim action:

• Can the proposed class be easily defined?
• Is the number of class members sufficiently numerous?
• Do common legal and factual issues exist?
• Do legal and factual issues for the class predominate over individual issues?
• Is your claim typical of other class members?
• Can you adequately represent the class?
• Is a class action is superior to other methods of managing the litigation?

If you have a case that may be part of a class action in West VA, Anapol Schwartz. Anapol Schwartz has a Wheeling attorney (Barry Hill) who can compassionately handle your dangerous drugs lawsuit.