At Napoli Shkolnik our team successfully handles large class action lawsuits, notably having handled the massive fen-phen weight loss drug lawsuit. Due to our extensive experience, many clients and attorneys approach us to represent or co-counsel with them regarding class action lawsuits.<\/p>\n\n\n\n
The obvious advantage of a class action lawsuit is that the class members don\u2019t have to do anything to obtain a share of a settlement.<\/p>\n\n\n\n
Yes, you are automatically part of a class action lawsuit if you receive a legal notice and do not opt-out.<\/p>\n\n\n\n
Part of the adequate representation job description includes notification. This notice must state that a lawsuit has been filed, give a general description of that lawsuit, and explain the recipient\u2019s legal rights. Typically, if you don\u2019t receive a notice, you aren\u2019t included in the class action lawsuit.<\/p>\n\n\n\n
Many people opt out because they suffered greater damage than everyone else. For example, if a class action lawsuit was filed over a defective water heater, the class members would probably get enough money to buy new water heaters. If a defective water heater caused someone\u2019s house to burn down, they may want to opt out of the lawsuit and try to obtain additional compensation in court.<\/p>\n\n\n\n
Aside from the procedural complexities, which are considerable, a class action lawsuit is a lot like any other lawsuit.<\/p>\n\n\n\n
An attorney\u2019s job begins before they file a lawsuit. Unless the petition has sufficient evidence to support all its allegations, the judge will throw the case out of court without ever giving victims a chance to tell their side of the story.<\/p>\n\n\n\n
In addition to summary judgment and other motions for judgment on the pleadings, defendants often file other procedural motions, alleging affirmative defenses like a lack of jurisdiction, statute of limitations, and objections to a class action designation.<\/p>\n\n\n\n
Discovery, another type of evidence collection, usually comes next. During this court-supervised information exchange, both sides have a legal duty to put all their cards face-up on the table so each slide has a clear picture of the other side\u2019s claims and\/or defenses.<\/p>\n\n\n\n
As a result, most class action matters settle out of court. These settlements benefit victims\/plaintiffs in several important ways.<\/p>\n\n\n\n
Injury victims are entitled to substantial compensation. For a free consultation with an experienced attorney, contact Napoli Shkolnik. We do not charge upfront legal fees for these.<\/p>\n\n\n","protected":false},"excerpt":{"rendered":"
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