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Class Action Laywers

What Is a Class Action Lawsuit?

A court may allow multiple plaintiffs to organize into a class, and bring a lawsuit against a single defendant. This type of case is known as a class action lawsuit, and it is a powerful strategy that attorneys may use to claim relief for hundreds or even thousands of injured parties in one lawsuit.

Illinois Class Action Attorneys

A class action lawsuit is brought by a handful of plaintiffs seeking to represent a broader class of persons who all suffered the same or similar injury because of the same conduct by the defendant.  A class action is a powerful tool to fight an injustice caused by a large corporation. That is particularly true when the individual cases are simply too small to litigate in separate cases.  A class action harnesses the power of the collective value of all potential damages sustained by all class members into one lawsuit. The Chicago law firm of Roth Fioretti has ample experience handling class action suits, and our attorneys are prepared to assist with your case.

How to File a Class Action Suit

During a trial, class action lawsuits proceed just like other civil cases. Plaintiffs make claims and present evidence while defendants dispute those elements. A judge or jury may render a verdict, and a successful suit provides compensation for harm. The only difference is plaintiffs may organize into a single class and pool their resources.

File Independent Claims

Forming a class is not an automatic process. Initially, plaintiffs file independent claims. During the hearings before trial, attorneys motion to establish the class with the court. This process can be a challenge in and of itself. Attorneys for the plaintiffs must successfully argue the merits of forming the class.

Form a Class

A class must meet the following criteria:

  • There are too many claimants to make individual trials practical
  • All plaintiffs suffered a similar injury from the same defendant
  • The members of the class have legal or factual circumstances in common
  • The claims and the defense are substantially similar
  • A handful of plaintiffs are willing and able to represent all other members of the class

If the court agrees, a class is certified and defined by the criteria set by the court.  One or more plaintiffs represent the entire class at trial. Other potential members receive written notification of the legal action and may join the suit and participate in the recovery.

Common Types of Class Action Lawsuits in Illinois

Some of the more common class action cases include:

  • Consumer Fraud – Customers lost money due to negligence or fraudulent statements of a business. These cases might involve injuries caused by product defects or false advertising.
  • Securities Fraud – A broker or banker misrepresented a financial product and damaged multiple investors in the same way.
  • Pharmaceutical Cases – Undisclosed side effects of medication caused health problems, or improper production of a drug caused a treatment to become ineffective.
  • Employment Claims – If an employer fails to pay employees according to the mandates of the law, the employee may file a claim under the Fair Labor Standards Act which may result in a class action.
  • Anti-Trust Violation – A dominant business abused its market power to unfairly distort prices and damage other buyers and sellers in the same market.
  • Environmental Claims – A company accidentally or deliberately caused some environmental damage resulting in injuries or damage in a defined area.

Hire the Right Chicago Class Action Lawyers

Our firm is actively litigating consumer class action lawsuits against companies and municipalities. Some of the class action lawsuits presently on file include actions against the City of Chicago related to speed cameras, and against municipalities related to red light cameras.

The law firm of Roth Fioretti has years of experience handling class action suits. Call us today for a free consultation!