Class Action Lawsuit
A class action lawsuit is when there are multiple parties filing a claim against one or more defendants. This type of legal action only works if the plaintiffs have suffered the same or very similar injuries at the hands of the defendant or defendants. There are many different claims that can be filed against a business in a class action lawsuit, including injuries caused by a company’s product, employment rights, or consumer fraud.
It is imperative that your company contacts an attorney before responding to a class action lawsuit that has been filed against the business. With 20 years of litigation experience, Hardin Law Group, APC will work with your business to create an effective strategy to yield the best possible outcome. Class action litigation poses a serious threat to your company, do not wait to contact an attorney or it could be too late. Contact Hardin Law Group, APC today.
Hardin Law Group, APC will work tirelessly to determine alternative dispute resolutions to keep the class action lawsuit from reaching trial. However, if trial is inevitable our firm will focus on proven defensive tactics to protect your business. A class action lawsuit can be successfully defended against, especially if the process is handled proactively by an experienced lawyer. Some strategies include, but are not limited to:
Move to Dismiss
When a class action lawsuit is brought against a business, it is helpful to go over the details in the complaint. Based on the attorney’s review, he could determine that the case is without merit and move to dimiss. Filing a motion to dismiss the claims either partially or in their entirety can save the defendant time and money.
This is an important step to take before discovery takes place due to the potential for certain claims against you to be thrown out. This will shorten the discovery process and could possibly bring attention to key legal problems in the plaintiffs accusations against you.
Investigate the Facts
In order to successfully defend against a class action lawsuit, it is important to gather all pertinent information related to the claim. Our law firm will comb through the alleged facts and devise a defense strategy after the scope of the matter has been assessed from both sides. It will be our main focus to understand everything about your case, including detailed information about the judge and the legal climate that could determine the outcome of your case.
The discovery phase in a class action lawsuit is much more intense than a typical lawsuit. Since there are multiple plaintiffs, the amount discovery in a class action lawsuit will be of vast proportions, thus creating a more costly litigation process.
Burden of Proof
Remember that in a class action lawsuit, the burden of proof falls to the plaintiff. Should the plaintiffs fail to effectively and efficiently prove their claims, then some could potentially be thrown out. When a Motion to Dismiss is filed it calls the court’s attention to the validity of the class, which can simplify the litigation process further.
Challenges to Class Certification
The legitimacy of the plaintiffs class certification can often be brought into question. Frequently, class definitions are too broad or indefinite. If this is the case, and the class defined in the complaint is unidentifiable, then class certification can potentially be removed. This could speed up the legal process substantially and save money due to the reduced amount of discovery that would be produced.
Once all other legal options have been exhausted, it may be time to consider the potential for settlement. It can be expensive to settle a class action outside of a courtroom. However, settlement may end up being the more cost-effective option when compared to the costs of the litigation process.
Plaintiff are incentivized to accept a defendant’s settlement offer because if they do not accept it and the plaintiffs lose the case, they are responsible for paying the defendant’s litigation fees.
Contact Experienced Class Action Lawyers
It is critical to seek out experienced legal counsel as soon as a class action lawsuit is brought against you. Don’t let the case go too far before you decide to take action against it. The repercussions of waiting can be detrimental to the success of your case.
The legal process that accompanies a class action lawsuit will not only cost money, but it could potentially cause your business a temporary stall in monetary revenue. With multifaceted experience in business litigation, Hardin Law Group, APC will devise a litigation strategy that will not only save your business time and effort, but take the stress out of the process for you.