What is a Class Action Lawsuit?

business economy

A class action lawsuit is filed on behalf of a group of people who have been in some way injured by the actions of a company. It is common to see class action lawsuits filed by members of the company if hiring or salary practices have been illegal. Another type is the class action lawsuit filed against a drug company for making illegal claims about their product, or for causing deaths or physical damage to those taking the drug.

When one joins a class action lawsuit, one usually has to sign papers declaring that he or she then forfeits the right to sue the company as an individual. A successful class action lawsuit awards damages to the plaintiffs, who are those suing the company, according to greatest damage. In most cases not all members of the suit are entitled to equal compensation. Usually the attorneys work on a contingency basis, which means that they will receive a portion of the award but charge their clients no fees if the suit is not successful. That portion can be high, ranging from 30 to 50 percent of the total award.

Awards from a class action lawsuit are split into two portions: 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 company committing illegal acts, or causing harm. Punitive damages in large class action lawsuits can be particularly high, when it is demonstrated the company has shown great disregard for the health, safety or emotional well being of the plaintiffs.

Class action lawsuits may become jury trials, or may be settled prior to a trial. A suit may be tried in directed mediation. Settlements and mediation mean that damages are agreed to by the defendant/s. Jury trial class action lawsuits can create problems because a company leveled with heavy punitive and compensatory damages can appeal the decision. The appeal process may last for years, so plaintiffs may have to wait a very long time before seeing any money. Companies can also declare bankruptcy, which means the plaintiffs may never be awarded any money.

One of the most well-known class action lawsuit is explored in the film Erin Brockovich. The film is a biopic detailing the class action suit on behalf of the residents of Hinkley, California. They sued Pacific Gas and Electric (PG&E) for lying about using the chemical hexavalent chromium, which then seeped into the ground water and contaminated the water supply. Many residents of Hinkley then became ill with cancer, or had fertility problems. As well, animals living in the small town died quickly.

The suit’s lawyer Ed Masry was able to establish that PG&E knew about the situation and deliberately risked the lives of those living near the power plants by failing to warn the residents. Erin Brockovich, played by Julia Roberts in the film, extensively researched and documented the damages caused to Hinkley residents. Her dedication helped secure the successful verdict against PG&E. Ed Masry chose directed mediation for the class action lawsuit, meaning those severely affected by exposure to chromium were given immediate monetary relief.

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6
Is there any legal ramifications for homeowners if they do not disclose to their realtor/title company when they subsequently sell their home if they have received any monies for damages for construction defects on the home in question if they signed in on a "class action" suit?

If they also have to show that they used said monies to repair all defects, if a portion of the money awarded was used

to pay their attorneys, who pays the additional cost of repairs -- the homeowner?

- anon51417
5
More than 2000 of us, mostly working class Hispanic citizens, live on an old Spanish Land Grant, the Baca Float #3 in Santa Cruz County, AZ. For more than 200 years, residents and workers (miners in the early days) east of the Santa Cruz River have reached the highway (now I-19) west of the River via a road that is presently called Santa Gertrudis Lane. Daily many of us have crossed this Lane to go to our jobs, reach the U.S. Post Office, and to shop in Nogales and Tucson. In addition to the prescriptive easements that we hold under AZ law, we hold deeded easements to the Lane.

Nevertheless, over the past 8 years our easements have been blocked on two occasions by construction of a gate, both times by or at the behest of Lane residents. The first time, 8 years ago, I started the Baca Float Coalition, a community action group that represented more than 3300 property owners, and we (technically, the Salero Land and Cattle Company) took the unusual step of purchasing a strip of land on the Lane. We then were able to open the gate and had a gentleman's agreement with Lane residents that the gate would be kept open.

Late last summer, the Lane residents (the Santa Gertrudis Lane LLC) induced the Union Pacific Railroad, which crosses the Lane, to construct a gate barring our access--a gate *not* on UP land, but several hundred yards away, on our easement. We were able to meet once with UP representatives and, after this meeting, made numerous follow up contacts pointing out our easement rights, asking for keys to the gate, and so forth. The UP simply stonewalled: No response whatsoever.

Yesterday, after much careful planning that included contacting Sheriff Estrada (his deputies were present) and sending certified letters to Lane residents and the UP citing our easement rights and pertinent case law, approximately 75 of my fellow citizens and I cut a lock on and opened this gate. Many of these citizens had expressed great fear that they would be arrested (the gate cutter was indeed cited by the UP). UP personnel were present and physically attempted to force the gate to be kept closed. The entire matter was on the front page of the AZ Daily Star on Friday, May 29, and will appear in the Nogales International, probably on Tuesday.

About 90 years ago, a right of way across our easement on the Lane was sold to the railroad (now the UP) (our deeded easements were in 1935). As stated, last summer the UP constructed the afore-mentioned gate across this easement. The UP has today announced that it will now construct a new gate, this time on their right of way and block our access. *Not incidentally, the up u.s. dot - crossing inventory information posting* as of yesterday appears to show the S.G. Lane to be a public crossing.

A critical aspect of our claim as a class action matter is that the aggrieved party is easily identified: those of us who own land on the Baca Float, originally a Spanish Land Grant, a grant validated in the Gadsden Purchase.

- larryl
4
When a homeowner's association board of trustees is only following rules as they see fit, what is the homeowner's recourse?

- froggie
3
In a class-action lawsuit, can you sue the government, or a member of the government? I refer to the UK.
- Hattie
2
How many people minimum does it take for a class action law suit? Karen Ross
- anon26246
1
Do the Plaintiffs who have won a lawsuit pay IRS or state taxes on the money awarded?

If the lawsuit is filed as a class action suit against an insurance company for not paying for losses for Hurricane Katrina and the money awarded covers just the losses with no punitive damages, do the plaintiffs have to pay federal taxes on this as income?

- anon4393

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Written by Tricia Ellis-Christensen
Last Modified: 05 November 2009

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