Columbia, SC Class Action Attorney
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Columbia, SC Class Action Lawyer
Class actions are a way for consumers to use their collective damages to do good against bad actors. For example, years ago the three top manufacturers of canned tuna colluded to raise the price of tuna. First, they each collectively decided and agreed to decrease the amount of 10%. Then, after that initial scheme worked they decided again to agree and raise prices by 10%. So in the span of just several years, consumers were paying 10% for 10% less tuna.
Now – for one individual consumer to sue the manufacturers would cost hundreds of thousands of dollars for experts, court costs, and document management. Meanwhile, the consumer is only out a relatively small amount – however much canned tuna that individual bought during those years.
However, when one consumer sues on behalf of ALL consumers that purchased canned tuna, then the damages the tuna company faces are sufficient enough to stop their bad actions and reimburse large group of similarly impacted tuna buyers.
This is one example of a class action but the story rings true for many others. Class actions are methods for one individual (or several) to sue on behalf of a class of individuals who all suffered very similar injuries.
If you believe you suffered an injury and should file a class action, contact a Columbia, SC Class Action Attorney today.
Common types of class action lawsuits in Columbia, SC
Common types of class actions include:
- Antitrust Violations.
- Airplane Accidents.
- Bus Accidents.
- Consumer Protection Laws like:
- Telephone consumer protection act
- False advertising
- Unfair or engage in deceptive trade practices.
- Dangerous Drugs.
- Defective Medical Devices / Product Liability.
- Environmental Hazards and Toxic Torts.
- Product Liability.
How are class actions different than regular actions in Columbia, SC?
Class actions are lawsuits filed by one or several people (class representative(s)) on behalf of a group or “class.” The class representative must have been injured by the action alleged to have injured the class and must be adequately protect the interests of all class members. Class actions can take different forms and it can depend on the location, complexity, size of class, and a number of factors. However, once a class action is filed, the Plaintiff (class representative) must move for a Motion to Certify the Class. This is a crucial point in the litigation and is often heavily contested. While the merits typically aren’t argued at the Class Certification motion, pits and pieces of merits arguments are made – for instance – on commonality on the damages model.
Generally, in order for the proposed class to be certified it must meet the following requirements:
- The class is so large that individual suits are impractical;
- Common legal or factual claims exist;
- The claims or defenses are typical of the plaintiffs or defendants, and
- The representative parties must adequately protect the interests of the class.
Should I opt-out and file my own case? What is a class action out-out lawsuit?
Chase specializes in class action opt-out litigation. For individuals and corporations that receive Notice of a class action – that they are members of a certified class – they often have several options. One of those options is to opt-out of the class action and sue the defendants directly. In many instances this is not the advisable because the plaintiff does not have high damages and they are better off remaining in the class.
However, in other instances the individual or company suffered a great impact from the defendants and suing directly is in their best interest. Take – for example – the “tuna” example from above. While an individual consumer like my grandmother or aunt may have purchased 50 cans of tuna during the “relevant time period” and therefore suffered damages to that effect, a large purchaser like a commercial grocery chain likely purchased hundreds of millions of cans of tuna from the price-fixing defendants. In that instance, my grandmother is better of staying in the class and receiving the class-distributed settlement and the commercial grocery is likely better off opting-out of the class action.
An experienced Columbia, SC class action and opt-out attorney can help evaluate your claim. Contact us today.
Class action lawsuits are complex legal matters that require a skilled class action attorney. The Columbia, SC class action lawyer at Keibler Law Group can help and represent plaintiffs in class action lawsuits involving antitrust, personal injury, product liability, toxic torts, and other matters.