Class Action Lawsuit Coursework Example

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Why a class action occurs
A class action is a legal action taken by a single or more plaintiff in the best interests of themselves and other people facing similar identical interests in a wrong situation. It is also referred to as a civil lawsuit presented by a group of people or people sharing issues mostly being shareholders, customers or employees. It happens so that the plaintiffs inexpensively get justice and share the expenses among themselves. Filing of the lawsuits is done through an experienced class action lawyer since the accused, in most cases, have the support of a very skilled lawyer. An example is when companies face lawsuits due to increased exploitation and injury from hazardous products like factories exhaust fumes or waste disposed to the neighbourhood. Shareholders can place a class action in security cases when presented with false information on financial statements, stock or prevailing market prices. Employment cases against their employers arise due to a violation of labour laws like withdrawal of certain benefits, increased working hours, and no payments on overtime.
The following are the prerequisites for a class action lawsuit:
If the members are too many that holding of different cases is impractical
Some facts that are similar to the group
Claimants/defendants of the persons are characteristic of the claims
The parties representing the plaintiffs will impartially defend the interests of those represented.
Therefore, maintenance of a class action is possible if the aforementioned prerequisites are met and fully satisfied.

In addition to that, the following are also needed:
Creation of risks from separate prosecution of class members
Different judgments of single people belonging to the class will create differences in the requirements for their conduct for the people against the group
Rulings on individual members will be against the interests of other interested persons to the judgment or will hinder defence of their benefits.
The people against the class have refused to abide by the rules required of people of that class, therefore, appropriating an equivalent relief on the declaration concerning the entire class.
Court realization that facts familiar to the members of the class outweigh the questions involving single entities of the group and a class action is deemed higher to other approaches present for a just judgment (“Civil Procedure Rule 23: Class Actions.”) Other issues that are relevant to the findings are:
The member’s concern in the separately directing the ruling or defending different actions.
The degree of the laws over the differences on on-going or against the members
The foreseen problems likely to come up during the running of the class action.
The decisions on maintenance of the class action:
The court decides on the sustenance of the class act as soon as the court receives the action.
Class actions kept under the prior prerequisites are followed then the individuals are directed the best notice workable within their situation and an individual notification to all members. The advice will contain notice of:
Exclusion of the party from the party if they apply for it on a specific date
The judgment will include all members of the class whether in their favour or not
Members who don’t ask for removal, with the approval of the party, may come in an Appearance with the assistance of the attorney and should have information that is relevant to the court case.
Works cited
“Civil Procedure Rule 23: Class Actions.” Mass.gov. N.p., 2018. Web. 15 Mar. 2018.