Class action laws are designed to assist multiple persons with a common legal claim to find a solution. Before commencing such a suit, it is advisable you contact an attorney to assist you in evaluating the facts and determine whether there is a legal basis for your claim. Class action lawsuits can also be complex, so it helps to have an expert by your side. This guide provides the relevant information you need to know regarding class action laws in Pennsylvania.
What Is a Class Action Lawsuit?
A class action lawsuit is a civil action where at least one person or a legal entity sues on behalf of a group of people or a legal entity (the “class”) with a common legal claim against a defendant or group of defendants. The issues resulting in a class action can vary widely, but each member of the class must be affected by that particular issue.
Here is a class example. The managers of a hospital refuse to pay their doctors and nurses four months’ salaries because investing in a new ward sounds like a better idea. In this case, the health workers have a common need — seeking payment for their work. Instead of commencing separate legal actions to recover all amounts due them, they may institute a class action where a single nurse or doctor represents the group. If all the health workers are union members, then the union may sue on their behalf.
Class Action Laws in PA
There are several factors that can help you better understand class action lawsuits in Pennsylvania, including the following:
Types of Class Action Claims
There are many wrongful acts that may entitle you to initiate employment-related class action lawsuits, such as:
- Wage and hour violations.
- Employment discrimination.
- Improper classification of employees as independent contractors.
- Sexual harassment and retaliation.
- Workplace safety violations.
- Background check mistakes.
Other situations that may lead to class actions claims include the following:
- Misleading investors with fraudulent information
- Defrauding consumers
- Consumers suffering from a defect or dangerous product
Number of People Needed to Start an Employment Class Action Lawsuit
Before a class action suit can move forward, the class must be certified. There are no absolute rules about “numerosity” when it comes to the number of plaintiffs required to certify a class action suit. Generally, judges are more likely to certify a class when there are 40 or more plaintiffs. While class actions can proceed with fewer plaintiffs, the decision to move forward is ultimately left to the court.
All plaintiffs in a class action lawsuit must have incurred the same or similar financial losses or physical injuries to be part of the suit. The representative plaintiff is known as the named or lead plaintiff. Class members are those affected by the case and its allegations.
Prerequisites to a Class Action
Rule 1702 of the Pennsylvania Rules of Civil Procedure states that class action lawsuits or mass tort claims can be filed when the following preconditions are met:
- The class should be so large that it would be impractical to address the claims individually.
- The fundamental legal questions and key facts are common among the plaintiffs or class members.
- The legal claims and defenses are similar across the members of the class.
- The lead plaintiff will adequately represent the interest of the other class members.
- A class action suit is a fair and practical approach to resolving the claims.
Conducting a Class Action Lawsuit
When commencing and conducting a class action regarding employment related issues, it helps to understand the step-by-step process involved to ensure your case is successful.
1. Evaluating the Case
The first step is to contact an employment attorney to determine whether there is a legal basis for your claim. This is vital because such actions can be complicated, and the court could dismiss the action if found to be frivolous. The attorney may assess the number of persons involved, whether a lawsuit has been filed with the same or similar allegations, the statute of limitations, and potential defenses.
2. Filing the Lawsuit
After the attorney assesses the facts and determines that you may have a claim, they may draft a complaint — a legal document filed at the court that describes the facts of the case and damages you’re seeking. The complaint will also provide information about the proposed class members and their damages.
3. Certifying the Class
The suit officially becomes a class action when the judge rules that action should be given such a status. This process is known as “class certification.” Until then, the class action is only putative. In carrying out this step, the lead or representative plaintiff files a Motion for Certification of Class Action, and the court either grants or denies the motion.
4. Discovery
Once a class has been certified and the lawsuit is underway, discovery — or the investigative phase of a lawsuit — will take place. Attorneys on the case may request documents from the defendants to prove the claim. The discovery phase also allows attorneys to conduct dispositions of individuals with knowledge about events leading up to the suit.
5. Resolution Through Settlement or Trial
While some class actions are settled out of court, others may go through a full trial. The defendant may create a settlement fund to compensate the class members where the case is settled. The judge reviews the settlement terms to determine whether it’s fair and provides adequate compensation before giving the final approval.
Where the suit goes through trial, the plaintiffs and other witnesses may be called to testify before a judge and/or jury, who will then assess the facts and make a determination regarding the case.
6. Notifying the Class
After the court delivers judgment or approves any settlement of the parties, your attorneys will inform other class members of the outcome. The notice may include the class members’ right to opt out of the case and the description of the underlying facts in the suit.
Class Action Remedies
There are several remedies available to the class members. For example, the court may order the defendant to pay damages, including monetary losses suffered, front pay, back pay and other compensatory damages, depending on the circumstances of each case. The court may also grant an injunction to correct the detrimental practices or policies or give an incentive award to the lead plaintiff for the work done on behalf of the class.
Get a Free Consultation Today!
Class actions allow a group of plaintiffs suffering from the same harm to come forward as a single class. It is effective yet complex, making it helpful to understand the types of claims you may initiate by class action, the number of class members required and the steps for conducting a class action lawsuit. Hiring an attorney with expertise in class action lawsuits takes the load off your shoulders. Attorneys can assess whether you have a claim and guide you throughout the process.
Weisberg Cummings specializes in assisting people with employment-related lawsuits and challenges. Our team of dedicated employment attorneys, with over 40 years of combined experience, is ready to offer personalized and responsive legal services tailored to your needs. Contact us for a free consultation!
