Class Action Lawsuits

At Halunen & Associates, we have considerable experience bringing class action lawsuits against larger entities for negligent actions involving discrimination, employee rights violations, civil rights violations, consumer rights violations and others.

What is a class action lawsuit?

“Class Action” lawsuits are really several related lawsuits consolidated into one. Such lawsuits are only possible if there are many individuals with common legal issues and substantially similar injuries. In a class actions lawsuit, there is just one case in front of one judge, instead of many. Class actions can be a very efficient alternative to individual litigation.

Each class action lawsuit must have a class representative. His or her job is to represent the interests of the entire class. This enables the members of the class to take a more peripheral role in the case. They need not travel hundreds or thousands of miles to sit in a courtroom. Instead, the class representative does this on their behalf. Quite often, the class representative will independently contact individuals eligible to be members of the class, giving them the opportunity to opt out of the class. If you are not contacted or do not otherwise join the class, then you may not participate in any settlement from the class action suit.

How a Class Action Lawsuit Proceeds

Class action lawsuits proceed a little bit differently than most cases. Because the case involves coordinating multiple parties, sometimes thousands of people, the complex proceedings of a class action case can take up to a few years to complete. The following list lays out the procedures of a typical class action lawsuit, step by step.

Drafting - A plaintiff and his/her attorney compose a Complaint describing the defendant’s unlawful activities.
Filing - Once drafted, the plaintiff’s attorney files the Complaint with a state or federal court and the Complaint is then served upon the defendant.
Response - After being served, the defense’s attorney will often file motions to challenge the Complaint and motions to have the complaint dismissed.
Discovery - After the response period, the attorneys for both sides will request information regarding the case from each other. This process includes depositions, affidavits or witness statements, and requesting documents regarding the case.
Class Certification - After the discovery period is completed, the plaintiff will attempt to file a motion to certify a class action.
Class Certification Objected - The defense will often object to the class certification. If their objection is denied in state or federal court, the lawsuit will be certified and will continue.
Notification of Class Action - Once certified, any prospective claimants will be notified and given the opportunity to either join or opt out of the class action lawsuit. Other members of the class action are also given deadlines as to when they must give an answer or file an individual lawsuit.
Settlement - Another deadline is set for the members of the class action to submit evidence for their claims. This process may lead to an additional period of discovery.
Awards - If a settlement is agreed upon or awarded by a court, the money is then distributed amongst the members of the class action.
Closed - After the awards have been distributed, the time for filing a case under that specific class action expires.

Dismissal - Be advised that a class action lawsuit can be dismissed at any time during this process, but depending on the judge’s ruling, the case may be able to be filed again at a later date.

What types of violations can lead to a class action lawsuit?

Class action lawsuits may be brought for numerous reasons. Class actions can be filed against employers for racial, sex/gender, age, or disability discrimination. Employees can also file class action lawsuits if an employer is not compensating them for overtime, employee benefits, retirement packages, and severance packages. Employees may also sue their employers if they are not provided with a safe working environment.

Class action lawsuits can also be brought against retail companies, individual restaurants or restaurant chains, insurance companies, government agencies, or medical providers for providing poor quality goods or services, for engaging in deceptive business practices, or engaging in fraudulent activity. Unfair or deceptive practices can include false advertising, misrepresentations in advertising, deceptive pricing and other kinds of anti-competitive behavior.

Current Class Action Lawsuits at Halunen & Associates

Halunen & Associates is currently pursuing several class action lawsuits. The following links can provide more information about some of these cases.