If you’ve been harmed by a defective product or service, and a similar issue has affected a large number of other people in Pennsylvania or the entire U.S., you may be wondering what to know about filing a class action personal injury lawsuit.
Class actions can make litigation more efficient in cases with large numbers of plaintiffs. However, these actions come with unique rules and processes that differ from those associated with individual personal injury lawsuits.
In this post, we’ll cover everything you need to know about filing a class action suit in Philadelphia.
Class action lawsuits are designed to resolve claims for a group of people (known as a “class”) collectively. These individuals must share similar legal or factual issues. Rule 23 is the federal provision that codifies the requirements in this area.
The filing process typically involves several stages.
Class Certification
A plaintiff (or group of plaintiffs) files a case and seeks to have it certified as a class action. Certain criteria must be met in order for certification to succeed, including:
Court Approval
The court must approve the certification. This can be a lengthy process; the defendant may make a big effort to prevent certification in order to make it more difficult for plaintiffs to secure compensation.
Notice to Potential Class Members
Once certification is complete, any potentially affected individuals not already part of the action must be notified. This can happen through direct outreach or a public announcement, depending on the circumstances of the case. It’s generally impractical to contact every potential class member directly in large-scale product liability cases, so a public announcement must usually suffice in these situations.
Settlement or Trial
Most class actions are resolved through settlement; defendants and plaintiffs sit down together and agree an outcome that works for both parties. If no such agreement can be reached, however, the case proceeds to trial.
Class actions aren’t the only way courts handle cases involving multiple plaintiffs. Multidistrict litigation (MDL) is another common approach, but it works differently.
MDL consolidates individual lawsuits with similar claims to streamline pretrial proceedings. These cases remain separate lawsuits but share discovery, witness testimony, and pretrial rulings.
Once pretrial processes are complete, cases can return to their original jurisdictions for individual trials; the MDL process simply serves to speed up the overall process so that individual plaintiffs can reach the settlement stage more quickly.
Crucially, this structure means that different plaintiffs within an MDL can end up with different outcomes; in fact, settlements often vary widely from one plaintiff to the next. In class actions, all members must take a share of a single settlement or a verdict.
In this section, we discuss some of the most prominent areas in which there are ongoing class action disputes. If you’ve been affected by any of the issues mentioned here, you should consider consulting a personal injury lawyer to find out if there’s a class action you can join.
Opioid Litigation
The opioid crisis is one of the greatest outstanding threats to the health of the American public. According to the Pennsylvania attorney general, 14 state residents die from drug overdoses every day, and this figure could rise over time.
A number of pharmacies, as well as manufacturers and distributors of drugs like OxyContin, have been hit with class actions related to the problem. Some of these have settled, while others are ongoing. If you’ve been affected by opioid addiction or a drug overdose, or a close family member has, you may be entitled to join one of these suits.
Data Breaches and Privacy Violations
Cyberattacks have become increasingly common in recent years. Companies like Equifax and Marriott have faced class actions over their alleged failure to keep user data safe. Plaintiffs argue that lax security measures violated privacy rights and caused financial harm. A number of other companies are facing ongoing class actions over similar issues.
Johnson & Johnson is currently facing ongoing legal actions over claims that its talc-based baby powder contains asbestos. This has allegedly caused ovarian cancer and mesothelioma in a large number of users.
Plaintiffs accuse the company of failing to warn consumers about the alleged risks associated with its products. Johnson & Johnson has proposed a settlement framework through bankruptcy proceedings for its talc subsidiary, but many plaintiffs and courts have yet to approve the terms.
Many of the most high-profile corporate missteps in history have been met with class actions.
Big Tobacco
In the 1990s, a lawsuit against major tobacco companies accused them of knowingly misleading the public about the dangers of smoking. Plaintiffs argued that deceptive marketing practices and withheld data about smoking-related illness caused widespread harm to public health.
The case ended with a $206 billion settlement to be paid over 25 years. This figure makes the case the biggest class action in history in terms of monetary value. The “Master Settlement Agreement” also compelled the defendants to fund a $1.5 billion campaign highlighting the dangers of smoking to the public.
BP Deepwater Horizon Oil Spill
This 2010 disaster caused massive environmental damage and economic harm across the Gulf Coast. The event is considered the biggest oil spill in history. Affected parties, from fishermen to property owners, joined class actions seeking damages.
BP eventually agreed to a $20 billion settlement to cover claims, environmental restoration, and penalties.
Volkswagen Emissions Scandal
Volkswagen faced class actions after it was revealed the company cheated on emissions tests. Plaintiffs claimed the company’s deceit caused financial losses and environmental harm.
In 2016, Volkswagen settled for $14.7 billion, covering buybacks, repairs, and environmental projects. Around 500,000 Americans got the option to have their vehicles bought back or their leases cancelled at no additional cost.
Class action lawsuits provide the opportunity to hold corporations accountable for negligent, harmful practices. They also provide an efficient way to seek justice, share costs, and leverage the collective strength of others affected in the same way as yourself.
If you’ve been harmed by a defective product, a large-scale employee rights violation, or another issue that could potentially qualify for class-action compensation, contact us today to schedule a free initial consultation. Even if joining a class action isn’t an option, we may be able to explore other options to pursue justice on your behalf. We offer consultations on a no-obligation basis, so there’s no risk to you in coming to us to tell your story.
You can reach us via our online contact form or over the phone at 800-969-4400.
