![]() What Happens After The Putative Class Action is Filed?Īfter the initial putative class action complaint, or lawsuit, is filed with the court, the plaintiffs and defendants will then proceed to the discovery phase of litigation. ![]() At this stage of the lawsuit, it is not considered a class action yet. The initial plaintiff will usually ask to be the class representative and represent the interests of all plaintiffs, known and unknown at the time the lawsuit is filed. Putative means believed or claimed to be, so a putative class action is filed on behalf of all of the unknown plaintiffs by the initial plaintiff. In a case like this, the attorney will file a putative class action. There may be other people who also purchased the same product and experienced the same injury who have not filed a lawsuit. A good example of this is a plaintiff who has been injured by a product that was sold to more than one person. If an attorney is filing a class action lawsuit, they may not know all of the plaintiffs or potential plaintiffs before they file the initial complaint with the court. Should I Contact a Lawyer If I Received a Notice About Joining a Class Action?.What If I Think I Have a Putative Class Action?.How Does a Class Go from Putative to Certified?.What Happens After The Putative Class Action is Filed?.Representative Action: A lawsuit in which one or more people sue on behalf of a larger group who have similar claims. Mass Tort: A type of lawsuit that involves a large group of people who have been harmed by a common product or situation.Ĭollective Action: A legal process similar to class action, but used in cases involving claims under the Fair Labor Standards Act. ![]() ![]() In 2010, a class action lawsuit was filed against Toyota by car owners who claimed that their vehicles had an acceleration defect that caused them to suddenly speed up. In 2016, a group of Uber drivers filed a class action lawsuit against the ride-hailing company, claiming that they were misclassified as independent contractors instead of employees. The case eventually led to a massive settlement of over $200 billion. In 1998, a class action lawsuit was filed against the tobacco industry by a group of smokers who claimed that the companies concealed the health risks of smoking. Today, class action lawsuits are one of the most common types of litigation in the United States. Since then, they have been used to fight against discrimination, pollution, and other social and economic issues. However, it wasn't until the 1960s that class action lawsuits became a popular tool for civil rights activists and consumer advocates. The first federal class action rule was enacted in 1938, as part of the Federal Rules of Civil Procedure. This concept has evolved over the years, with several landmark cases shaping the legal framework under which class action is now conducted. The main idea behind this process is to provide a more efficient way for people to seek justice, especially when dealing with cases that are too small to justify individual legal action. It is a kind of a representative action where a lawsuit is flied by a person or a group of people representing a class of people who have ceratin interests in common or who have collectively suffered from any damages.Ĭlass action is a legal mechanism used in the United States to allow a large group of people to file a lawsuit against another party, typically a corporation.
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