An Overview of Class Actions
Class action lawsuits are a particular type of legal case in which a group of plaintiffs aggregate their claims into one common case. This differs from an individual lawsuit, where one person will make a solitary complaint against a certain person or organization, and it can often lead to a greater chance of success. With class action suits, the idea is that many people have often been affected by a similar wrong doing, whether it is a dangerous or faulty product or an unfair business transaction, and they can therefore group their legal and financial resources in order to have a larger number of lawyers fighting on their behalf and eventually win greater damages for the crimes against them.
Class actions can be extremely tedious and take an extended amount of time to settle, as each member of the class will have to decide whether they wish to take part in the lawsuit and to what extent . They will have to provide their own evidence and show exact amounts of their economic losses, and only then will the judge decide whether to award them damages. By this time, the lawyers involved have already invested hundreds of hours into the case.
Lawyers and law firms involved in class actions usually work on a pro bono basis, meaning they will not expect a fee up front but will instead wait until the case is settled before taking up to a third of the earnings as a commission. Some will also often charge a flat fee for the case and request payment in installments as the case moves forward.
In the general public’s mind, the idea of grouping numerous plaintiffs together along with their potentially different complaints in order to litigate in court all at once is doomsday and will never work on any level. In reality, a class action suit is usually the only way these complex, often far-reaching cases can be successfully litigated, and the best chance of the plaintiffs receiving the compensation they deserve.
Class Action Firms Ranking Criteria
When looking for the best class action law firms to handle a case, there are several criteria that can be used to evaluate the firms. These criteria include experience, expertise, and reputation in the area of class action litigation. One important factor to consider is the firm’s experience with similar cases. A firm that has handled a large number of class action lawsuits, especially in the same area of law as the case at issue, will likely have a deeper understanding of the relevant legal issues. Additionally, the size of the firm may also factor into its ranking as one of the top class action law firms. A large firm with many attorneys dedicated to class action litigation may be better equipped to handle a complex case than a small firm with fewer resources.
One of the most important criteria for ranking class action law firms is the number of successful class actions they have handled. This includes both settlements and verdicts. Class action law firms should provide information about their past successes and current case results on their websites. Top class action law firms are also usually members of prominent legal organizations that promote the advancement of civil litigation law. Such groups provide networking opportunities and mentor younger attorneys. A law firm should be able to provide members names or even photographs to ensure current and future clients they are indeed members of a reputable legal organization.
Class Action Leading Firms Profiles
One of the most established and well-respected class action firms in the United States is the law firm of Lieff Cabraser Heimann & Bernstein, LLP, based in San Francisco, New York, and Los Angeles. It has handled some of the largest and most impactful class action cases in history, including the tobacco industry’s Master Settlement Agreement in 1998, in which tobacco companies agreed to pay $246 billion to states and individuals over 25 years.
In recent years, it has been particularly active in areas such as consumer protection, securities litigation and employment and civil rights cases. In 2013, the firm obtained a $122 million settlement on behalf of 11 million consumers who had their debit card information stored commercially. The money represented the largest settlement ever of a data security breach case.
Another one of the most recognized names in class action legal representation is that of Cohen Milstein Sellers & Toll PLLC, based in the District of Columbia, Florida, New York and Chicago. Founded in 1969 by Morton Cohen and Robert Milstein, the firm has developed a reputation for taking on publicly-traded companies that engage in fraud or violate the law. In 2006, it made international headlines throughout the world after helping win a $6.6 billion judgment against Chevron for its dumping of oil waste from drilling operations into a jungle ecosystem in Ecuador.
Several other leading class action firms currently operating in the United States include the Law Offices of Howard G. Smith, the Law Offices of Rosemary Talley and Girard Gibbs LLP, all based in California. Law Offices of Howard G. Smith was founded in 1996 and primarily serves Los Angeles and Southern California clients. It specializes in representing individuals in class actions and has won over $75 million in settlements over the last two years. This includes a $20 million class action settlement in 2013 on behalf of investors defrauded by the stock brokerage firm UBS Financial Services Inc.
The Law Offices of Rosemary Talley is another leading class action law firm, founded in 1997 and based in San Francisco and the Bay Area. Some of the cases it has tackled include Wells Fargo wrongful foreclosure claims, Bank of America discrimination lawsuits and Enron securities fraud cases.
Major financial wrongdoing such as securities fraud, insider trading and violation of the Securities Act of 1933 by partaking in exclusive deals have seen lawyers with Girard Gibbs LLP become some of the most sought-after practitioners in the nation. Prominent cases handled by Girard Gibbs have included Leviton Manufacturing Company Inc. product defect cases, emerging leadership in class action bellwether lawsuits and settlements with Trans Union, News Corp. and Abercrombie & Fitch.
Other notable class action law firms in the U.S. include McGuireWoods LLP, The Sultzer Law Group P.C., The Rosen Law Firm, P.A., Heathern L. Craig, Esq. and Appellate Judge Theodore Boehm, et al.
Class Action Successful Law Firms
Class action law firms have played prominent roles in many landmark class action lawsuits that have not only delivered significant relief to their small(er) clients, but have also resulted in important legal precedents and changes in corporate or governmental behavior. The most obvious example of this is in the area of securities class actions, where a large number of well-known plaintiffs law firms have been involved as lead or other plaintiffs’ counsel in large cases that have become household names. It is therefore difficult to talk about "seminal class action cases" without at some point addressing the securities litigation arena, with often large amounts of settlement money being paid by corporations to settle securities class actions, or more recently, on the rare occasions where securities class actions make it through a motion to dismiss, to be resolved at or shortly after summary judgment motions to come down in favor of the plaintiffs.
However, the areas outside of securities class actions have had plenty of eye-opening class actions that these speculative law firms have litigated or are continuing to litigate . In early 2019, class action giant Lieff Cabraser filed suit against the US Government, along with other law firms, on behalf of the 9,000 residents of the Puerto Rican City of Vieques for damages suffered after the infamous World War II-era bombing range was shut down. The suit claimed that the US Government had known of the due health risks of the range for many years, but had done little both to warn and protect citizens from the carcinogenic risks posed by the only recently shut-down bombing range. This suit can perhaps best be contrasted with a settlement reached in the Broward County, Florida case of Abbot v. Lockheed Martin (brought as a result of the decommissioning of the former Naval Air Station at the site), which Lieff Cabraser also played a lead role in litigating, reaching a more plaintiff-friendly settlement of $87 million for the class.
These examples represent just two very recent "success stories" in the world of class action litigation, which often seem to – at least at first glance – have very little in common. Many class action law firms that are top-rated in one practice area, based on performance and experience, are equally notable in variable areas, and it is always worth investigating the background, experience, and settlement results of these class action law firms when researching your defense or plaintiffs’ class action counsel.
Selecting a Class Action Law Firm
When considering whether to file a class action, the first step is often to find the right attorney to represent you. For example, if you have suffered discrimination at your job, not every lawyer will know how to handle your case. Class action lawsuits present some unique challenges that come with the need to choose a firm and attorney who are experienced in a specific area of class action law. From employment law to consumer law to workers compensation, the attorney or firm you choose must understand the dynamics of your case. Telling your story to a friend will be different than telling it to a lawyer. There are specific questions and details that only an experienced class action attorney will know to ask. So talking to friends and family about the best law firm to file a class action isn’t always a good idea. Your best bet is to schedule a consultation with a class action lawyer. Most law firms offer a free consultation, and consultations can be conducted in-person at the office or through a video chat online. The goal of the consultation should be to determine if your case is viable. If the attorney believes your case will not lead to a class action, he or she will tell you so. An attorney will not commit to filing a lawsuit just to get a potential client in the door. Any attorney who does commit to a case without first evaluating it should be avoided. During the consultation process, make sure to look into the firm’s history with class action suits. Ask about filings, settlements and verdicts. Make sure to ask about the firm’s experience with the type of case at hand. For example, if you are dealing with an employment discrimination case, find out if the firm has experience handling discrimination cases or how long they have been handling them. Ask how many class action lawyers work at the firm, how many have handled your type of case and how they approach and handle the discovery process. Choosing the right class action firm is crucial for a potential plaintiff. If your case is not handled well, it could affect your entire life in a negative way. Checking into the reputation of the firm is another good way to know if it’s the right place for you. While written testimonials may not be specific to your case, they could give you an idea of how former clients feel about the firm’s ability to handle difficult cases. Reviews should also be looked at to see what people are saying across the board. You only get one chance at justice, and it’s your responsibility to make sure you get it.
Future Class Action Developments
In examining the future of class action lawsuits, it is crucial to consider emerging trends and technologies that are poised to transform the legal landscape. The rise of big data has led corporate attorneys to develop sophisticated data analytics tools to help identify and manage potential class actions. Such tools allow companies to proactively detect issues that may trigger class action litigation and gauge potential exposure through advanced modeling techniques.
In addition to enhanced data analytics, advances in artificial intelligence have empowered class action law firms by streamlining the e-discovery process and expediting the identification of relevant evidence. Furthermore, the use of machine learning algorithms makes it feasible for attorneys to sift through vast amounts of information related to a class action lawsuit more efficiently, thereby lowering costs for clients.
At the same time, traditional notions of what constitutes a class action are being challenged by the rise of mass arbitration. Class actions are currently facing increasing legal pushback , as businesses explore alternative dispute resolution methods that allow them to contest multiple claims individually, rather than in a class action suit. Mass arbitrations have gained traction particularly in consumer and employment disputes, in which arbitration agreements are enforced that prohibit class actions. Such agreements raise a number of legal issues that class action law firms will need to grapple with in the coming years.
On the regulatory front, upcoming legislation and evolving jurisprudence are likely to significantly impact the future of class actions. Changes in law will be a key factor in shaping the landscape of class action lawsuits, influencing how they are filed, where they are heard, and what remedies are available to plaintiffs.
Technological advancements, emerging legal strategies, and changing regulatory frameworks all point to significant changes on the horizon for the class action legal arena. As these developments unfold, the role of class action law firms will continue to evolve in response to new opportunities and challenges.