When a group of people suffers similar harm or losses due to the actions of a company or organization, filing a class action lawsuit allows them to seek justice collectively. Class actions are a powerful tool for holding defendants accountable and securing compensation for damages. If you believe you have suffered harm or losses due to a company’s actions or products and live in Pennsylvania, here’s what you need to know about starting a class action lawsuit in Pennsylvania.
How Do Class Action Lawsuits Work?
In a class action, one or more named plaintiffs represent the interests of a larger group or “class” of individuals with similar legal claims against the same defendant. The class members must have suffered comparable injuries or damages resulting from the defendant’s conduct.
Some common examples of class actions include:
- Employees alleging widespread discrimination or wage violations
- Consumers harmed by defective products or deceptive marketing practices
- Patients affected by dangerous drugs or medical devices
- Investors claiming securities fraud or broker misconduct
To proceed as a class action, the case must meet certain criteria outlined in Rule 23, so the court may certify the lawsuit as a class action and carry out the legal process. These requirements include:
- Numerosity: The suit must feature a class so large that individual suits are impractical.
- Commonality: Plaintiffs must have shared legal or factual issues.
- Typicality: The named plaintiffs’ claims are typical of the class.
- Adequacy: The lead plaintiff(s) will adequately and fairly protect the entire class’s interests.
An experienced class action attorney can assess whether your case meets these criteria.
How to Start a Class Action Lawsuit in Pennsylvania
If you believe that you have been hurt, physically or financially or suffered a loss in any way that you think may be common to others, you may have the beginnings of a class action lawsuit.
Filling a class action suit in Pennsylvania involves these key steps:
- Consult with a knowledgeable class action lawyer to evaluate your claim and determine if a class action is appropriate.
- Identify and define the proposed class, including an estimate of its size and a description of the shared characteristics that make the class members’ claims similar.
- File a complaint in the appropriate court, setting forth the facts of the case, the legal claims and the relief sought on behalf of the class.
- Notify potential class members of the pending lawsuit and their right to opt out if desired.
- Seek class certification from the court, demonstrating that the case meets the necessary requirements as per Rule 23 and Title 231 of the Pennsylvania code regarding class actions.
- If certified, proceed with discovery, settlement negotiations or trial on behalf of the entire class.
Throughout this process, having a skilled class action attorney is essential to navigating the complexities and ensuring your rights and interests are protected.
How to Join a Class Action Lawsuit in Pennsylvania
Anyone can join a class action lawsuit if they believe that they have been injured, either financially or physically, in the way the lawsuit alleges by the defendant’s actions. Technology has made it much easier for people to discover if class action lawsuits that may include them are underway. Here are two ways to find out about class action lawsuits:
Class Action Websites
Several websites provide updated information about current class action lawsuits and investigations. There are literally dozens of class actions taking place at any given time across the United States. These websites won’t provide you with legal advice. However, they will give you as much information as possible, such as how to join a class action lawsuit and will suggest contacting a licensed attorney as soon as possible. You can find these websites by searching for “list of class action lawsuits in Pennsylvania.”
Online Check
You can also use the internet to do an online search to see if there are any class action lawsuits that might involve a particular product or company. For instance, if you have a defective product like a car, enter the model, the year and the phrase “class action” into the search box. If any class action exists about that product, you will also find information about how you can join that class action.
Here are a few steps you can follow if you’re planning to join a class action lawsuit as a member of the class:
- Determine eligibility: Check whether you qualify to be a member of the particular class you want to join.
- Consult a class action lawyer: If you are unsure about the class’s criteria for joining, speak with an attorney to help you understand how your case relates to the class action lawsuit and whether your goals align.
- Gather and submit the relevant documents: There may be particular documents you’ll need to complete and submit to join the class action lawsuit. Your lawyer may also be able to help you attain these documents.
- Receive notice: If the class action lawsuit is certified, the court may consider you a potential member and send you information regarding the lawsuit via email, mail or a publication. The notice may include additional information about your rights and steps to opt out or join.
- Choose to opt in or out: While some lawsuits will automatically consider you part of the lawsuit, others will require you to take steps to officially become part of the lawsuit. Depending on the type of notice you receive, you may need to opt out or in.
Who Do I Contact for Class Action Lawsuits?
You can ask your attorney if they are interested in representing you in a class action lawsuit. If not, they will likely refer you to attorneys specializing in this area or in a specific type of class action lawsuit, such as an employment lawsuit.
If you want to find out about joining a class action lawsuit, consider using online searches as described above to gather information about current class action lawsuits.
How Do You Pay a Class Action Lawyer?
One of the benefits of working with class action lawyers is that they will only receive payment if they win the class action lawsuit. While this helps you rest assured they will do everything within their power to help you win, it also places less financial strain on the plaintiffs.
The lawyer may receive a percentage of the overall recovery amount from the lawsuit or a fixed amount they established at the beginning of the class action lawsuit. The court will typically review the attorney’s suggested amount or percentage and approve it if it is reasonable.
What Evidence Is Needed to Start a Class Action Lawsuit?
If you believe you have been injured financially or physically by the wrongful actions of a government entity, a corporation, a business or a defective product, contact a class action lawyer. Your lawyer will then review your case with you and determine the legal and factual issues at hand, whether you have evidence to support these legal and factual issues, and whether the legal and factual issues affect other potential plaintiffs.
Once your attorney has determined whether you should file a class action lawsuit, you and your attorney will then decide whether you will be the lead plaintiff. Your attorney will then draft a class action complaint that details the events that led to the financial harm or caused your injury.
Is My Complaint Too Small for a Class Action Lawsuit?
After you hire a class action lawyer, one of the first things the lawyer will do is work with you to determine if your complaint is too small for a class action lawsuit. Some factors an attorney will consider before filing a class action lawsuit in Pennsylvania include:
- Is your injury is too “individual”? It may be difficult to find other people with similar injuries caused by a product or a company, making your complaint too small for a class action.
- Are there enough people to have a class action certified?
- Is the defendant wealthy enough to ensure a reasonable financial reward for the time and effort involved?
How Do I Become the Lead Plaintiff in a Class Action Lawsuit?
The lead plaintiff, who is also known as the class representative or the named plaintiff, represents everyone in a class action lawsuit who has suffered similar physical or financial injuries. There can be more than one lead plaintiff. Once you have hired an attorney to act as the class action lawyer, you should discuss with them whether you should be the lead plaintiff.
The lead plaintiff has several important additional duties the other individuals taking part in the class action lawsuit don’t have. The lead plaintiff must:
- Hire a class action attorney
- File the lawsuit against the defendant with the help of the attorney
- Consult with the attorney on the case
- Provide the attorney with evidence and are often deposed or give testimony in court
- Agree to the settlement terms
The lead plaintiff may receives additional compensation in the form of a “service award,” if approved by the court.
What Is the Procedure for Class Certification?
The first thing you should do to certify your class action lawsuit is to speak with an experienced class action attorney. If you plan to be a lead plaintiff, you and the attorney will review your lawsuit’s eligibility for filing a class action lawsuit. After establishing you meet the requirements, you may need to submit a Motion for Certification of Class Action. This filing aims to have a certification hearing that approves your request to certify the class and encourage the lawsuit to move forward.
To do this, you’ll need to show the judge how many people were affected or may become affected by the same or a similar situation. For example, let’s say a particular medicinal product has caused harmful side effects to many people. Rather than finding plaintiff class members at this stage, the lawyer and lead plaintiff can simply gather statements and evidence that tens, hundreds or thousands of people had similar experiences.
This is necessary for the discovery process. The discovery process is the pre-trial phase that allows attorneys to question witnesses under oath and request records and documents from affected parties and the defendants related to lawsuit allegations.
All these factors come together to influence the court to make a reasonable decision. The judge will then issue an order advising whether the class may receive certification. If the order denies class certification, this may mean the class is invalid at the current time. You may still be able to appeal the ruling or pursue your legal claim individually.
How Is a Class Action Lawsuit Different From a Regular Lawsuit?
A class action lawsuit is when several people who suffer similar physical or financial injuries file a single claim as a group against the same defendant. Any awards received from a settlement or from winning their case in court are divided among everyone who is part of the claim.
A regular lawsuit has only one plaintiff and if a judge or jury awards damages, all those damages go to the single plaintiff.
For instance, a group of people could file a class action lawsuit against a medical device provider that injured them all similarly. A single plaintiff might file a lawsuit against a doctor or a hospital for malpractice.
What Is the Entire Class Action Lawsuit Process?
A class action lawsuit consists of various steps to help influence a thorough investigation of the case and how to resolve the issue. It helps to understand this process beforehand so you know what to expect. Here is a look at what the process might be like:
- Evaluate the case: The first step involves getting an attorney to examine the facts of your case and determine whether there is a legal basis for the claim, how many people are involved and what limitations and potential defenses you may have.
- File the lawsuit: The attorney will then draft a legal complaint for the court addressing the facts of your case, proposed class members and damages you seek.
- Certify the class: Next, the lead plaintiff and their attorney should file a Motion for Certification of Class Action, which verifies that the defendant affected a large number of people in a similar manner.
- Undergo the discovery phase: This is an investigative phase of the lawsuit process, during which attorneys request particular documents that may help prove the claim.
- Choose a resolution method: In some cases, the defendant may decide to offer a settlement amount to compensate the class members. The court will then review the settlement terms to ensure the settlement is fair. In other cases, you may experience a full trial, which involves questioning witnesses and plaintiffs and providing other facts and evidence. The court or jury will then determine a ruling.
- Notify the class: This last stage includes the court approving a settlement or delivering judgment and notifying all parties of the outcome.
How Many Plaintiffs Are Required to Start a Class Action?
There are no hard and fast set rules about “numerosity” regarding the number of plaintiffs needed to certify a class action lawsuit. Most judges will certify a class action lawsuit if no less than 20, but ideally 40 or more, plaintiffs are involved.
The judge often has the discretion to certify a class action lawsuit with between 20 and 40 plaintiffs.
In 2005, Congress enacted the Class Action Fairness Act, allowing many larger class actions (those with at least 100 plaintiffs and claims of at least five million US Dollars) to be heard in federal court.
Do All Plaintiffs Need to Have the Same Claim to Start a Class Action Lawsuit?
Yes, to be included in a class action lawsuit, all plaintiffs must have suffered the same injuries (either physical or financial) or very similar injuries.
What Are Sub-Classes in a Class Action?
Federal rules allow a class to be divided into sub-classes when appropriate. For instance, taking the example of a defective medical product, the class action can be divided into sub-classes when certain members of the class want different kinds of relief, such as damages for one group or medical monitoring for another group. Sub-classes can also be used to deal with state laws that apply substantially different requirements to different groups.
However, the problem with having too many sub-classes is that it may lead a judge to believe that commonality cannot be established and, therefore, not certify the class action or decertify it.
What Do I Do After Receiving a Notice for a Class Action Claim?
People are often unaware that they are members of class action lawsuits, especially when the class action involves large organizations. The first thing you should do if you receive a notice of a class action lawsuit is review the material.
The document that you receive will explain why the class action is being taken and how you are involved. This could involve your membership in an organization or the fact that you’ve purchased something from a specific company and that you have suffered an “injury” because of your membership or purchase. In a class action employment lawsuit, you might receive a notice if you were an employee of the company in question.
Often you don’t need to do anything to become a participant in the class action lawsuit. If you do so, however, you give up your rights to pursue individual action against the defendant. In other cases, you must opt in or out of the class action lawsuit. The letter you receive will explain your options for how to proceed and opt in or opt out of the lawsuit.
For instance, some letters contain a box you must check to opt in or out of the class action lawsuit. You must then mail the form back to the address provided. These forms may be confusing and it is often advisable to consult with an experienced attorney to ensure you understand the consequences of returning or not returning the forms.
Can I Opt out of a Class Action Lawsuit?
Yes. There are two good reasons to opt out of a class action lawsuit.
- After reviewing the materials, you may decide that the lawsuit has nothing to do with you
- After consulting with a lawyer, you determined that your chances of compensation are greater if you pursue the case individually rather than as part of a class action
How Long Do Class Action Lawsuits Take?
Various factors determine the length of a class action lawsuit, such as the complexity of the case, the number of parties involved and whether a settlement is reached.
Class actions can often take several years to resolve, particularly if the case goes to trial. However, many class action suits are settled before trial, which can shorten the timeline. The settlement process itself can be lengthy, as the court must approve the fairness of the settlement and class members must be notified and given a chance to object or opt out.
In general, most class action lawsuits are settled within two to three years, although they can take longer if the defendant makes an appeal.
What Are the Advantages of a Class Action Lawsuit?
One of the advantages of a class action is its cost-effectiveness. Filing a claim on their own would be extremely costly and difficult for individuals harmed by the actions of any defendants.
One person is also less likely to get any compensation from a lawsuit, especially against a large corporation. There is power and proper compensation in multitudes.
If every individual involved in class action lawsuits filed claims on their own, courts would have to deal with hundreds of thousands of claims, which would have taken many years to resolve.
While the injured individuals received compensation for their efforts, they often forced these companies to improve their products and/or interactions with customers by launching class action lawsuits.
How Do I Collect My Class Action Settlement?
If you are not the lead plaintiff in a class action lawsuit and the lawsuit is settled in favor of the plaintiffs, you may or may not be aware that you have been awarded damages. Sometimes, you will receive a letter or an email notifying you of the award and how to collect it.
In other cases, there are just too many plaintiffs for the lawyers involved in the case to notify them that they are eligible to receive an award.
If you’ve been a plaintiff in a class action lawsuit and are unaware of any settlement, search online for news on the class action or visit the class action websites mentioned above. These websites list ongoing class actions, investigations, and settlements. These websites also often have instructions on how you can claim your share of the award.
What Are the Risks Of Joining a Class Action Lawsuit?
One risk of joining a class action lawsuit is that class members may have limited control over the litigation, as the named plaintiffs and class counsel make key decisions on behalf of the class.
If the case is unsuccessful, class members may be bound by the result and barred from pursuing individual claims. It’s also important to understand that any settlement or judgment will be divided among the entire class, meaning individual recoveries may be smaller than in an individual lawsuit.
For many, the benefits of participating in a class action outweigh these risks. Class actions provide access to justice for those who might not have the resources to pursue a case on their own. They can lead to significant recoveries and important changes in corporate behavior.
Can I Get Fired for Being Part Of a Class Action Lawsuit?
The law has rules and regulations to protect those who file a class action lawsuit against their employer. Whether you win or lose the class action lawsuit, your employer is prohibited from firing you or taking any adverse action against you for exercising your rights. If you believe your employer is retaliating against you by terminating your contract, reducing your hours and wages or demoting you, you might have a claim for retaliation.
What Can I Do if I Lose My Class Action Suit?
If you lose a class action lawsuit, you will not receive compensation for your injuries. By joining the class action, you also surrender your right to sue the defendant individually. Therefore, it’s crucial to think about whether you want to join a class action lawsuit or opt out and pursue damages individually.
Consult an Experienced Lawyer at Weisberg Cummings
If you believe your employer has unfairly discriminated against you or injured you in any other way and are considering a lawsuit, speak with one of our employment attorneys at Weisberg Cummings, P.C.
We’re experienced with class action employment lawsuits in Pennsylvania and can provide you with the information and advice you need. Our class action lawyers will review the details of your case, determine the important factual and legal issues and help you decide whether a class action lawsuit is the best way to proceed.
You can call us at 855-716-2367 or contact us online for a free consultation and learn how we can help you seek justice.
