Class Action Lawsuits
A class action, commonly referred to as a class suit, is a case in which
one person represents many people, eventually coming together to bring
a collective claim and / or case in which there is an entire class of
people pursuing a wrongdoer in the lawsuit. The benefit of filing a class
action lawsuit is that many people can work together to not only force
a penalty for the wrongdoing of a defendant, but also to ensure that there
is a clear message that such wrongful actions are not tolerated.
LeavenLaw, our attorneys play a pivotal role in shaping the outcome of class action
and mass tort lawsuits across the country. In a class action lawsuit,
a large number of people who have suffered similar harm join together
to sue another entity, usually a company or organization. These cases
may involve consumer fraud or defective products.
The attorneys at LeavenLaw recognize that class actions are complex and
often time consuming cases, but remain undeterred. Should you choose to
work with our firm, you can be confident knowing that regardless of the
complications of your case or the amount of damages involved that we will
fight tirelessly on their behalf.
LeavenLaw lawyers have experience and a history in litigation class action
and multi-district litigation cases. Notable cases and results include:
DeHoyos v. Allstate Insurance Company, Civil Action No. 5:01-1010 (Western District of Texas), Class Counsel.
Healey v. Allianz Life Insurance Company, Civil Action No. 2:05-8908 (Central District of California), Class Counsel.
Hill v. Countrywide, Case No. A-0178441 (Texas 58th District Court, Jefferson County), Class Counsel.
In re Collecto, Inc. Telephone Consumer Protection Act (TCPA) Litigation, Case No. 14-md-2513-RGS (District Court for the District of Massachusetts),
MDL Action Co-Lead Counsel.
In re Black Farmers Discrimination Litigation, Misc. No. 08-ML-0511-PLF (District Court for the District of Columbia),
Algarin v. Tivoli Community Developers, Inc., Case No. 2008-CA-000193-O (Florida 9th Circuit Court, Orange County),
Lieber v. Bank of America, N.A., Case No. 2012-3622-CI-91S (Florida 6th Circuit Court, Pinellas County),
In Re: Apple iPhone 3G and 3GS "MMS" Marketing and Sales Practices
Litigation, MDL No. 2116 (Eastern District of Louisiana), Plaintiffs' Steering
Paugh v. Walgreen Company, Case No. 1:12-cv-21229-JEM (Southern District of Florida), Co-Lead Counsel.
Schmidt v. Regions Bank, Case No. 11-7608-CI-91S (Florida 6th Circuit Court, Pinellas County;
aff'd on appeal to 2DCA) Co-Lead Class Counsel
Narvaez v. Law Office of Antonio Duarte III, P.A., Case No. 8:14-cv-01646-VMC-MAP (Middle District of Florida), Lead Counsel.
McCurdy v. Wells Fargo Bank, N.A., Douglas C. Zahm, P.A., Case No.13-3556-C8 (Florida 6th Circuit Court, Pinellas County),
settlement and approval pending; Co-Lead Counsel
If you would like to learn what more can be done to help you, please contact
a knowledgeable Florida attorney from our firm by calling us at (855)
637-3302 as soon as possible. We serve clients nationwide in class claims.
Frequently Asked Questions (FAQs)
What is a class action?
A class action is a type of lawsuit in which the claims and rights of many
people are decided in a single case. Specific plaintiffs are named in
the lawsuit to assert the claims of the entire class so that everyone
with the same claim or injury doesn't have to file their own separate
lawsuit. Also, because they allow people whose damages are too small to
warrant an individual lawsuit to try their cases together, class actions
can often be the only practical way to stop illegal practices and recover
ill-gotten gains. Class action suits have allowed individual people to
stand up against the most powerful industries in the world and to hold
them accountable for their actions.
What types of cases can be brought as class actions?
As discussed above, a class action lawsuit typically involves a situation
where a large group of people is injured by the same conduct or product.
There are four primary types of class action lawsuits:
- Deceptive or Unfair Trade Practices Actions: Such lawsuits typically involve
businesses engaging consumers through trade or commerce in a deceptive
or unfair way, such as false advertising, bait-n-switch representations,
and selling products or services to the consuming public that do not perform
- Product Liability Actions: Product Liability and personal injury class
action lawsuits are generally brought when a defective product, such as
a drug with harmful side effects, or "mass accident", such as
a toxic spill harms many people.
- Consumer Class Actions: Consumer class actions are generally brought when
consumers are injured by a company's systematic and illegal practices.
Examples include illegal charges on bills, illegal penalties for late-payments,
unlawful debt collection, and failure to comply with consumer protection laws.
- Employment Class Actions: Employment class action lawsuits are typically
brought on behalf of employees of a company for violations of the labor
and employment laws, such as unpaid overtime, failure to provide breaks,
as well as claims ranging from safety violations to systematic workplace
How does a case become a class action?
A class action is generally initiated by one or more people who feel that
they, as a subset of a larger group of people, have been injured or harmed
in some common way. A lawyer then files a lawsuit on behalf of the individual
or individuals who desire to represent the class. They are referred to
as the "class representative." At the appropriate time, the
lawyer will file a motion with the court asking it to certify the case
as a class action. If the court grants that motion for class certification,
the unnamed people who were alleged wronged in the same manner as the
class representative are notified of the class action and are given an
opportunity to participate in the class action as a member of the "class."
Alternatively, they are also afforded the opportunity to "opt out"
of the class to try and pursue their own, individual remedies should they
How many people are needed for a class action?
While it may help if several people are named as class representatives
(i.e., plaintiff) in the lawsuit, a single person is enough to file a
class action lawsuit so long as the attorney for the class has a good-faith
belief that a sufficient number of other people were injured in a similar
way. In Florida and the 11th Circuit, it generally takes at least 40 people
with similar claims to qualify as a class action.
How much does a class action cost?
Generally, the lawyer who agrees to take and file the class action case
will advance all of the costs required to file and litigate the case.
Further, such attorney shall almost always take their fees on a contingency
basis. If the lawsuit is successful, the attorney will then petition the
court to award attorney fees and reimburse out-of-pocket costs. If the
case is unsuccessful, the plaintiff's lawyer absorbs the loss.
Why would I want my case to become a class action?
There are many reasons an individual may want to take part in a class action
lawsuit. Many class representatives take pride in forcing someone who
is profiting from doing wrong to stop and start doing right. Others class
representatives bring class actions to recover money that was illegally
taken from them, recognizing that they couldn't afford to pay a lawyer's
hourly fees to bring an individual suit and that, given the relatively
small amount of individual damage, it would be hard if not impossible
to attract a lawyer to otherwise take his or her case unless it was on
a contingency, class action basis.
Are class representatives entitled to any additional compensation?
If a class action is successful in obtaining the relief sought, most courts
will provide class representatives with "incentive awards" for
the time and expense associated with helping to prosecute such a case.
Judges are typically given broad discretion in deciding whether these
awards are appropriate and in setting the amounts of the awards, which
can range from hundreds to thousands of dollars. In deciding how much
of an incentive to award, if anything, to the class representatives, courts
look at factors such as the amount of involvement of the class representative,
the size of the recovery for the class, and whether a practice change
(e.g., injunctive relief) was obtained. Importantly, while we promise
to work hard and strive to obtain our class representatives an incentive
award, the attorneys at LeavenLaw cannot guarantee any such amount.
How do I choose a class action attorney?
There are many very good class action attorneys in the United States. Because
class action law is fairly specialized, you should look for attorneys
and a law firm with significant class action experience. Further, because
class actions can be brought in many different areas of the law, it is
important that you look for an attorney or law firm who has past experience
in the type of law you seek a class action case. It is also a good idea
to ask any lawyer you're considering a lot of questions before hiring
him or her. You should ask your attorney if they have handled these types
of cases before, how many such cases has the firm handled, how many cases
are the firm and your lawyer currently handling - these are all important
questions in evaluating your law firm before you make your decision. Finally,
make sure you understand what's expected of you as the class representative,
and always insist on a written engagement letter (i.e., Authority to Represent)
and a written disclosure of your rights as a class representative.