Definition of a Class Action

A class action is a procedural device within the legal system that permits one or more persons to sue as representative of a large group of people interested in the matter at issue. The court, in whose jurisdiction a suit is brought, typically has wide discretion in determining that a class will be so represented. Certain requirements must be met for a class action to proceed. For example:

• The class must be so large or dispersed that actual joinder of all individuals would be impractical;
• There must be questions of law and fact common to all members, and these must outweigh any individual questions;
• The named parties must adequately represent the interests of their class;
• Certain forms of notice to members of the class, e.g., by newspaper or broadcast publication or by mail, are also required; and
• Final approval of all aspects of a settlement by the Court

In most types of suits, all members of the class are bound by the decision, unless a member of the class opted out of the action at a specified time in the lawsuit.

Reasons Supporting Class Action Lawsuits

Depending on the case, a class action may offer a number of advantages. Each of these advantages essentially stem from the fact that a class action joins a large number of individualized claims into one representational lawsuit. “Power in numbers creates a huge advantage for a class action suit. Many individual suits for consumer-related fraud issues, although certainly valid, are at times overtaken by the process, and unfortunately may not succeed simply due to logistics and expense.” states David P. Meyer.

First, joining claims may increase the efficiency of the legal process. In cases with common questions of law and fact, combining of claims into a class action may avoid the necessity of repeating the same facts over and over in hundreds of individual cases. Second, a class action overcomes the problem that small recoveries do not provide the incentive for any individual to bring a solo action prosecuting his or her rights. In other words, a class action ensures that a defendant who engages in widespread harm -- but does so minimally against each individual plaintiff -- must compensate those individuals for their injuries. And finally, where the defendant has engaged in a pattern of wrongdoing, a class action can provide an effective remedy for the group without incurring the costs of thousands of separate lawsuits and risking inconsistent decisions by the courts.

Criticism and Review of Class Actions

Increasingly, and often as the result of political wrangling, some members of the public view class action litigation as benefiting the lawyers more than the class members.  This image of class actions is often advanced by organizations and large corporations seeking to undermine the ability of consumers and small and mid-sized business owners who would otherwise be unprotected against corporate misconduct. “Without some type of checks and balance system, unscrupulous corporations would be free to defraud consumers without threat of consequence. A system dominated by big-business is something we cannot afford.” states David P. Meyer in response to some negative opinions expressed regarding the class action process. "States’ Attorneys General and regulators work hard to protect consumers but they are often over-worked and under-funded", says Meyer. He continues, "[as] lawyers representing consumers in class action litigation, we serve an important "private attorney-general" role in America’s legal system."

It is important for the public to know that before any class action settlements may occur, the judge presiding over the case must give notice of the settlement to the class, allow all who wish to state their positions and/or objections, and approve the settlement, including the attorneys' fees, only if the settlement and fees are fair and reasonable.


Our Mission

At Meyer & Associates, the lawyers and support personnel work hard on every one of our cases to ensure that our clients receive the best possible outcome. The primary goal of the firm is to reach a fair and just remedy for the class as a whole and the firm has consistently performed this service for its clients, as demonstrated by the results.