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Class Actions FAQs

Class Actions

A class action suit provides opportunity for many less powerful individuals to band together and address a legal issue. In many instances, this includes receiving justice from large corporations which sell faulty products. This is a key area of concentration at Starr Austen & Miller LLP.

What is a class action?

A class action is a type of lawsuit where procedural rules permit one or more persons, known as the class representatives or lead plaintiffs, to sue a common defendant as a representative of a larger group. The class representative then…

What do I get out of Bringing a class action?

If you believe you have been harmed by a defendant, and likewise believe that others may have been similarly harmed, you may be considering becoming a class representative to bring a class action lawsuit against that…

What are the types of class actions?

There are many types of class action lawsuits which can be brought on behalf of a group of class members who have all been harmed in a similar fashion. Many of these are based on the type of laws alleged…

Can any case against a business be brought as a class action?

No. Just because you have a potential cause of action against a business does not mean your lawsuit can be brought as a class action. As explained in more detail in the…

Are all Class Members forced to participate in the class action?

Typically, no. During the course of the litigation all potential members of the class are generally provided with notice of the lawsuit and given a chance to “opt out” of the class.

What is a class representative / lead plaintiff?

A class representative is a person (or multiple persons) who is similarly situated to the other members of the class, who has interests typical of the rest of the class, and can fairly and adequately represent…

Does the class action representative or class member pay attorney’s fees and legal expenses?

Starr Austen & Miller is paid on a contingency fee basis, meaning we only get paid attorney’s fees, and reimbursed for expenses and costs, by court order if the class action is successful.

How long does it take for a class action to be resolved?

It is impossible to say until the litigation is underway, and even then all estimates are that, just estimates, which are subject to change. For example, Starr Austen & Miller have handled class cases that were resolved within one year andcases that were resolved within one year and…

How many plaintiffs can be practically joined? Can they represent others or just themselves?

One of the most obvious differences between a class and mass action are the number of plaintiffs named in the lawsuit. Class actions have only one or a few named plaintiffs, who act as representatives of the entire class, because, as Trial Rule 23 says…

How similar are the plaintiffs claims in regard to both commonality and typicality?

The other major difference between a class action and mass action is whether the claims are similar enough, either factually and/or legally, to be able to prosecute them as a whole. Class actions can only be brought…

What is the difference between a class action and a mass tort (mass action)?

Often, when you hear about class actions you will also hear the term “mass tort,” or “mass action” also discussed. The reason is that there are some definite similarities between a mass tort and a class action. For example…

What is the difference between a class action and a mass action?

Before filing a case on behalf of multiple people who have been injured, either physically or monetarily, an initial decision must be made of whether to bring each person’s claims individually, or as a group. If you believe…

What is a class action lawsuit?

by Scott Starr, Partner

What is the difference between class action and mass action?

by Scott Starr, Partner

Our lawyers are available to review your situation.