Class Actions in Idaho
You've wasted your money on a product that doesn't work as advertised. Your child became seriously ill after taking a defective prescription drug. Your employer systematically cheated employees by shaving hours off of payroll. What does these all have in common? In each situation, many people have similar or identical legal disputes with a company, and those disputes might best be resolved through a class action lawsuit filed in federal court, Idaho court or another state court. Talk to a class action lawyer today if you think you have a potential class action lawsuit.
Four Things to Know About Class Actions
A class action lawsuit is a way of resolving legal disputes when many people (the plaintiffs or class) have been wronged by one or several companies (the defendant). A class action offers several benefits to both plaintiffs and defendants. But whether a class action is right for your legal dispute will depend on the specific nature of your dispute.
Here are four important things to know when considering a class action:
- Class action lawsuits are typically used to resolve disputes related to defective drugs, product liability, securities fraud, false or misleading advertising and employment disputes.
- When a plaintiff files a class action lawsuit in Idaho court, the judge assigned to the case will hold a hearing to determine whether to certify the case, that is, allow it to proceed as a class action. The case must meet a number of requirements set out by the Idaho courts, including: "One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class."
- Unless you are the lead plaintiff in a class action lawsuit, you typically won't have to go to court or testify. This is both an advantage, because it won't take much of your time as a class member, and also a disadvantage, because you won't have any input into how the case is presented or tried.
- If the plaintiffs win at trial or negotiate a successful settlement, your next step is to determine whether you want to file a claim for compensation or opt out of the award. If you opt out, you have the option of filing your own lawsuit against the defendant in civil court. When deciding whether to file a claim or opt out, you'll want to consider how much compensation you'd receive from the class action. What is the likelihood that you'd receive more compensation (taking attorneys’ fees into account) if you pursued independent legal action? How long would it take to resolve a separate lawsuit? There's no one "right" answer here. You'll have to evaluate whether the class action compensation is fair or if there is a strong likelihood that you could do better with your own lawsuit.
Find & Hire Local Idaho Class Actions Attorneys
If you think you potentially have reason to file a class action lawsuit, you should speak to a class action lawyer as soon as possible. Call Attorneys.com at 877-913-7222 or complete the form on this page. Whether you live in Boise, Nampa, Idaho Falls or elsewhere in the state, our free lawyer referral service can quickly put you in touch with class action lawyers in your area.