Class Action: Determining the Legitimacy of a Suit

• Author: Michael Bordonada
• Posted: 2024-09-24

A class action is a lawsuit in which a group of people with similar grievances band together to sue a defendant. Class action suits are generally filed against large corporations or government entities and can be quite complex. Many companies have faced legal battles due to salary, product, and service disputes. The case must bear the following class action characteristics for legitimacy:

1. There Must Be a Large Group of Plaintiffs With Similar Grievances Against the Same Defendant

It ensures that the impact of the defendant's actions is widespread and not limited to a few individuals. It also allows for adequate representation by the lead plaintiff or plaintiffs. On the other hand, the case may be dismissed as a class action and litigated as separate individual cases if the plaintiffs are too numerous. Therefore, plaintiffs should settle on a manageable size for their class.

2. Class Members Must Have a Common Case

It means that every class member shares at least one common issue with others. Essentially, this requirement makes it impractical to hear each case individually. If too many unique circumstances exist, a class action is likely inappropriate. The attorney can help you determine whether your case meets this requirement.

3. Class Representatives' Claims Must Rhyme With the Class

The requirement ensures that the chosen class representatives will adequately represent the interests of the entire class. In other words, the representative's claims or defenses must be common to all class members. If a class member has a different claim or defense, that member must bring a lawsuit. Failure to meet this requirement may result in the dismissal of the class action.

4. The Class Representatives Must Adequately Represent the Interests of the Class

Class members must settle on a competent representative to file a class action lawsuit on their behalf. It'll ensure that the chosen representative will protect the interests of all class members. The court will often look at whether the chosen representative has any conflicts of interest with other class members. Therefore, they should vet their selection carefully to avoid any potential pitfalls.

5. The Plaintiffs Must Prove That the Defendant's Actions Caused the Damages

It's the most important part of the entire case. The plaintiffs must show that the defendant's actions were the primary cause of their injuries. If the plaintiffs cannot prove that, the case will not proceed.

There are two different ways to show causation. The first is called "proximate causation," meaning that the plaintiffs must show that the defendant's actions directly caused the injuries. The second is called "but-for causation." The plaintiffs must show that their injuries would not have happened "but for" the defendant's actions.

The burden of proof is high, and it cannot be easy to meet because of cross-examination and other factors. For this reason, both parties should hire qualified attorneys to assist with this part of the case.

6. Proof of Damages

The plaintiffs must show that they have suffered some harm due to the defendant's actions, either financial, physical, or emotional damage. The damage doesn't have to be great, but it must be more than trivial. By extension, the damages must be reasonably foreseeable. The court will not entertain a suit if the plaintiffs cannot show that they have suffered any harm.

7. The Court Will Also Consider Whether a Class Action Is a Final Decision To Solve the Dispute

Sometimes, a court may find that individual arbitration or dispute resolution is a better way to resolve the class members' claims. Class members must prove to the court that a class action is a final way to bring their grievances before the sued company or authority.

It is not enough for class members to show that a class action would be more convenient or less expensive than other methods. Instead, class members must show that they wouldn't get justice if they did not participate in the class action.

8. Competency of the Representative and Attorneys

The court will examine whether the class representative has typical claims or issues and whether the class representative would adequately represent the interests of the entire class. The court will also consider whether the counsel for the class is qualified and experienced in handling class actions.

9. Court's Verdict

The court will decide whether to allow the case to proceed as a class action or dismiss it based on the above findings.

Many people shy away from filing class action suits because they believe they will be perceived as "troublemakers." However, if a company or individual has wronged you and you believe others have suffered similarly, a class action suit may be the best way to seek justice. Besides, facing the issue as a group is safer and more convenient.