Class Action FAQ
A class action is a lawsuit brought by one person, or a small group of people, on behalf of a much larger group (the "class") who claim to have been wronged by the defendant or defendants. Class actions are usually brought in federal court but can also be filed in some state courts under certain specific circumstances. Class actions make it easier for individuals to take on large and powerful companies.Can any case be brought as a class action?
No. When a case is filed the court will begin by determining both whether the injury claimed is actionable and whether the plaintiff's specific injury (be it physical or financial) is sufficiently representative of a broader class of people who have been injured in the same way for the plaintiff serve as a representative of the entire group. As a rule, courts also assess whether individual lawsuits might not be a better vehicle for the allegedly injured persons. The class action can go forward only if the court agrees that individual cases would be impractical because, for example, they might be so numerous as to clog the courts.Do I have to pay attorneys fees?
Danziger Shapiro & Leavitt accepts class actions on a contingency basis. That means we will support the costs of the litigation and will receive remuneration only if and when the defendants win at trial or reach a settlement with the plaintiff or plaintiffs. These fees must be approved by the court and can vary depending on the length and complexity of the case.How long does a class action take?
Every case is unique, but class actions tend to be large and complex cases often stretching across several states. As such, they often take several years from start to finish.