{"id":6474,"date":"2023-10-06T14:17:53","date_gmt":"2023-10-06T14:17:53","guid":{"rendered":"https:\/\/www.franchiseindustryblog.com\/?p=6474"},"modified":"2023-10-06T14:17:53","modified_gmt":"2023-10-06T14:17:53","slug":"class-action-lawsuits-power-to-the-people-for-collective-justice","status":"publish","type":"post","link":"https:\/\/www.franchiseindustryblog.com\/class-action-lawsuits-power-to-the-people-for-collective-justice\/","title":{"rendered":"Class Action Lawsuits: Power to the People for Collective Justice"},"content":{"rendered":"
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In the realm of legal proceedings, class action lawsuits stand out as a potent tool that empowers individuals to band together and pursue justice as a collective force. These legal actions enable a group of plaintiffs, known as the “class,” to seek remedies against a common defendant or entity for shared grievances. Class action lawsuits have a profound impact on various aspects of law, society, and business, making them a pivotal component of the legal landscape. This comprehensive overview aims to unravel the intricacies of class action lawsuits, including their historical context, fundamental principles, procedural steps, notable cases, and the evolving landscape of class action litigation.<\/span><\/p>\n

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I. Historical Roots<\/span><\/h3>\n

The concept of class action lawsuits has ancient origins that can be traced back to Roman law, where a form of collective action known as a “proscription” allowed citizens to band together to seek redress for wrongs. However, it was in England, during the 19th century, that the modern foundations of class actions began to take shape. The English Court of Chancery developed the practice of allowing “representative parties” to bring claims on behalf of others with similar interests or grievances. This concept eventually found its way across the Atlantic to the United States, where it would evolve into the class action lawsuits we know today.<\/span><\/p>\n

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A. The Emergence of Class Actions in the United States<\/span><\/h5>\n<\/div>\n
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  • \u00a0<\/span>Equity Courts: Early American courts primarily inherited the concept of class actions from the English Court of Chancery, which had the jurisdiction to adjudicate matters of equity.<\/span><\/li>\n<\/ul>\n

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    • The 1938 Federal Rules: The adoption of the Federal Rules of Civil Procedure in 1938 laid the groundwork for the modern class action by establishing procedural guidelines for such lawsuits in federal courts.<\/span><\/li>\n<\/ul>\n

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      • Landmark Case – Hansberry v. Lee: In 1940, the U.S. Supreme Court’s decision in Hansberry v. Lee helped define the parameters of class actions by affirming the importance of adequate representation for absent class members.<\/span><\/li>\n<\/ul>\n<\/div>\n

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        II. Fundamental Principles of Class Action Lawsuits<\/span><\/h3>\n

        At their core, class action lawsuits are based on several fundamental principles that distinguish them from other forms of litigation.<\/span><\/p>\n

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        A. Representative Nature<\/span><\/h5>\n<\/div>\n
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        • Class Representative: A class action is initiated by a representative plaintiff who brings the lawsuit on behalf of the entire class. This individual is often referred to as the “lead plaintiff” or “class representative.”<\/span><\/li>\n<\/ul>\n

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          • Shared Interests: The class representative must demonstrate that the class members share common legal and factual issues related to the case.<\/span><\/li>\n<\/ul>\n

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            B. Numerosity<\/span><\/h5>\n<\/div>\n
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            • Threshold Requirement: To qualify as a class, there must be a sufficiently large number of potential class members to make individual joinder impractical.<\/span><\/li>\n<\/ul>\n

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              • Discretionary: The exact number required to meet this threshold can vary by jurisdiction and case circumstances.<\/span><\/li>\n<\/ul>\n

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                C. Commonality<\/span><\/h5>\n<\/div>\n
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                • Common Questions of Law or Fact: Class members must share common legal or factual issues that will predominate over individualized concerns.<\/span><\/li>\n<\/ul>\n

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                  • Core of the Lawsuit: The presence of common questions serves as the glue that binds the class together.<\/span><\/li>\n<\/ul>\n

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                    D. Adequacy of Representation<\/span><\/h5>\n<\/div>\n
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                    • Duty of the Class Representative: The class representative has a duty to fairly and adequately represent the interests of all class members.<\/span><\/li>\n<\/ul>\n

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                      • Class Counsel: The lead plaintiff’s legal counsel must also be capable of effectively representing the entire class.<\/span><\/li>\n<\/ul>\n

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                        E. Superiority<\/span><\/h5>\n<\/div>\n
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                        • Superior to Other Methods: Class actions must be deemed a superior method for resolving the dispute compared to other available options.<\/span><\/li>\n<\/ul>\n

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                          • Efficiency and Fairness: Courts consider factors such as efficiency, consistency, and the potential for achieving a fair resolution.<\/span><\/li>\n<\/ul>\n<\/div>\n

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                            III. The Class Action Procedure<\/span><\/h3>\n

                            Class action lawsuits follow a distinct procedural framework that is governed by federal rules and state statutes. The process generally consists of the following key steps:<\/span><\/p>\n

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                            A. Pleadings<\/span><\/h5>\n<\/div>\n
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                            • Complaint: The class action begins with the filing of a complaint by the lead plaintiff on behalf of the class. The complaint outlines the alleged wrongdoing and the relief sought.<\/span><\/li>\n<\/ul>\n

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                              • Class Certification: Early in the litigation, the court must decide whether the case meets the criteria for class certification. This involves assessing factors like commonality, numerosity, and adequacy of representation.<\/span><\/li>\n<\/ul>\n

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                                B. Notification<\/span><\/h5>\n<\/div>\n
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