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A class action is a procedural tool that permits a representative with typical claims to sue or defend on behalf of a larger group of people (a class) who are similarly situated. The requirements for a class action are established by the applicable rules of civil procedure, but generally the class action procedure can be used when an issue to be litigated is of common or general interest to persons so numerous as to make it impracticable to bring them all before the court.
"FedEx Sued For Not Letting Workers Clock In On Time"
– Brendan Pierson, March 25, 2009
"Wal-Mart and Plaintiffs' Counsel Announce Settlement of Most Wage
and Hour Class Action Lawsuits Against the Company"
– Dentonville, Ark., December 23, 2008
Janet Abaray Spearheads Class Action Suit Against Bengals
– Cincinnati Enquirer, November 30, 2008
A major advantage of the class action procedure is judicial economy and efficiency of scale. This procedure permits individuals to aggregate their claims for resolution, when the value of the claims would not justify litigation on an individual basis. Additionally, the available remedies can include institutional or governmental change, equitable relief beyond money damages, and protection of plaintiffs and defendants from inconsistent results that can result through individual trials.
In order to maintain a plaintiff class action, it must be certified by a court with jurisdiction. In order to obtain certification, four essential prerequisites must be shown:
In theory, the class action procedures are flexible enough to apply to all areas of substantive law. However, certain areas lend themselves easily to the class action procedure and others do not. The class action attorneys at Surg Simpson handle cases, including:
The attorneys at Burg Simpson are experienced in class action litigation and can provide information and advice about the potential for a class action and about your rights if you are or may be part of a class action. Call or email us today for a free consultation.
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Burg Simpson Eldredge Hersh & Jardine, P.C. is a law firm serving the Rocky Mountain Region. The firm has offices in Denver, Colorado, Cody, WY, Cincinnati, Ohio, & Phoenix, AZ. The Firm is responsible for the content on the website,this information is not to be interpreted as providing legal services,
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