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Class Actions

A business facing a legal issue similar to others may want to consider a class action. Class actions, although complex, are efficient, allowing a named plaintiff to sue for the same injuries suffered by a group. This allows many lawsuits to be combined based upon similar causes of action. Class actions are beneficial when litigating each individual case would be expensive and time consuming.

After the named plaintiff initiates a class action, the public must be notified to identify additional plaintiffs who may be eligible for inclusion in the class. Notification usually takes place through mailings, newspaper, and/or the Internet. As a plaintiff eligible for membership in the class is not required to join a class action, the notification instructs potential plaintiffs on how to join or opt out of the class and any future settlement or award. The class action itself goes through the litigation process, with the added step of certifying the class. This is the step, unique to class actions, whereby the judge acknowledges the appropriateness of the class action by certifying the class.

Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your business litigation needs.

FAQ's
Q: How does a business litigate a business issue?
A: The business litigation process is the same process that would be followed in a civil lawsuit, including pleadings, discovery, pretrial matters (i.e. motions), possible settlement negotiations, trial, and possibly appeal.
Q: What is a class-action lawsuit?
A: A class action is a lawsuit wherein one or two named plaintiffs represent a much larger group of plaintiffs. Often, the issue is one where there has been an injury to a large enough group of people that individual litigation would be inefficient.

Q: Can business entities participate in a class action?
A: Yes. If a business entity has an injury in common with a greater group of plaintiffs that have formed a class, then the business may qualify as a class member.
Resources
Small Business Administration (SBA)
The SBA is the federal agency charged with promoting and protecting small business interests in the US. Their Web site is a good source for many business-related questions.

Microsoft® Small Business Center
Microsoft provides interesting article about avoiding business lawsuits.

National Federation of Independent Business® (NFIB®)
Web site of advocacy organization for independent business owners provides articles about business lawsuits.