Consumer Class Action And Mass Torts
If you have suffered an injury shared by hundreds of people nationwide, you may be able to pursue compensation through a class action lawsuit or a mass tort.
Consumer class action litigation is a complex and demanding practice area. A class action is a civil action involving many plaintiffs against one or a few defendants. Class action involves litigation on behalf of a group of individuals who share common injuries and damages that resulted from the same source. Some examples of a class action are customers who bought merchandise with false and misleading labels, customers who overpaid for items, or employees subjected to discrimination.
Mass torts are also very complex, and are distinct from class action. Whereas class action consolidates many plaintiffs into a single case, mass torts involve many individual but similar cases. For example, past victims of oil spills have filed individual lawsuits as parts of a mass tort challenging the same defendant. If you think your case may fit into a class action or a mass tort, call 1.800.241.9779 to set up a free case evaluation and discuss your options going forward.
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How Do Class Action Lawsuits Work?
You may have received a postcard in the mail at some point, letting you know that you are part of a potential class action lawsuit. Or, perhaps you have heard about large multimillion-dollar lawsuits that forced corporations to pay heavy judgments for various types of wrongdoing, such as consumer fraud, junk fees, defective products, recalled products, car / truck defects, and so forth. Many of these lawsuits that take on such powerful corporations are made through class action lawsuits.
In a class action lawsuit, a “class” is formed by many individuals who have very similar claims to make against a defendant. These individuals may have all suffered injury due to the same product, or all experienced some form of discrimination from the same company. Instead of separately pursuing compensation for these harms, the members of the class all become part of one lawsuit.
Class actions usually start with a single injured person approaching a lawyer about pursuing compensation. If the lawyer realizes that many other people have likely suffered an injury due to the same cause as their client, they may attempt to initiate a class action lawsuit. The lawyer will investigate and present a potential class of victims to be certified by a court. Once the class is certified, all proposed injured parties are added to the class unless they opt out.
If the class action lawsuit is successful, all members of the class will receive compensation from the defendant. The method of dividing compensation varies from case to case.
Much like class action lawsuits, plaintiffs involved in a mass tort share a similar set of grievances against a product manufacturer or other defendant. Unlike class action lawsuits, mass torts involve many individual cases. In short: a class action is one lawsuit for many people, and a mass tort includes many suits for many people.
Although mass torts don’t consolidate cases into one lawsuit, they do streamline the legal process and strengthen individuals’ cases. Plaintiffs and attorneys whose cases fall under a mass tort can benefit from a large network of similar cases. They can study recent related verdicts and collaborate to share information across cases that take on the same defendant.
Current list of consumer class action and mass tort claims
Allstate Retirees
Allstate Retirees
read moreUPDATE OCTOBER 30, 2020:The Plaintiffs have noticed their appeal to the Court’s summary judgment motion.
Case Cotton Pickers
Case Cotton Pickers
read moreHeninger Garrison Davis, LLC recently filed two cases against CNH Industrial America, LLC (Case) in Arkansas and Georgia for our farmer clients who were promised that their Case Cotton Pickers were well built machines.
DraftKings and Fan Duel Illegal Gambling
DraftKings and Fan Duel Illegal Gambling
read moreJUUL Vape Devices
JUUL Vape Devices
read moreMacy’s Data Breach
Macy’s Data Breach
read moreThe Heninger Garrison Davis, LLC law firm is actively litigating cases against Macy’s for its clients who were affected by Macy’s data breach.
3M Military Earplugs
3M Military Earplugs
read more3M’s Combat Arms Earplugs™ issued to millions of service members allegedly have a dangerous design defect that allows the user to be exposed to dangerous levels of sound and cause hearing damage.
National Collegiate Student Loan Trust
National Collegiate Student Loan Trust
read moreHeninger Garrison Davis’ investigation has revealed that Solomon and other law firms suing former students and alleged co-signers are filing state lawsuits to collect alleged debts for which they are unable to produce the alleged underlying loan documents.
Nissan Faulty-Transmission
Nissan Faulty-Transmission
read moreAlabama and Florida residents and business owners suing Nissan North America Inc. over transmission problems in thousands of its vehicles. The Suit alleges the car maker shouldn’t be allowed to duck their breach of warranty claims.
PPP Agent Fees Lawsuit
PPP Agent Fees Lawsuit
read moreTalcum Powder
Talcum Powder
There is evidence that women that have used a talcum powder product, e.g. Johnson & Johnson Baby Powder, Shower 2 Shower, have a higher incidence of developing ovarian cancer. We are looking at these types of cases.
USPTO Class Action
USPTO Class Action
read moreAttorneys from Heninger Garrison Davis, LLC’s class action and intellectual property group filed a class action complaint against the United States and the United States Patent and Trademark Office (USPTO) for damages to Christy, Inc.
Virginia College
Virginia College
read moreOn December 5, 2018, HGD filed a lawsuit on behalf of a former student who obtained three degrees from Virginia College. Our plaintiff alleges that current students who have paid tuition to VIRGINIA COLLEGE and Education Corporation of America have no chance of obtaining any degrees.
Frequently Asked Questions About Consumer Actions and Mass Torts
We know that you may have further questions about how you can pursue compensation through a class action or mass tort lawsuit. Below are the answers to some of our most frequently asked questions. You can also call us at 1.800.241.9779 to schedule a free consultation and receive more information.
A: The way that compensation is divided between class members depends on the particular lawsuit. In some cases, compensation is specific and pre-determined according to what the defendant has cost each member. In others, a formula is applied to determine each member’s compensation based on the degree of harm they have suffered.
A: If your case is sufficiently similar to the others in a class action, it may be more convenient for you to join the class rather than to deal with a personal lawsuit. On the other hand, if your case involves important details that don’t fit into the class action, a mass tort can provide the benefits of a large legal network without sacrificing the specifics of your case.
A: Many consumer class action lawsuits are pending and still accepting new class members, even if they have been ongoing for a couple of years. A lawyer at Heninger Garrison Davis will know of these lawsuits and can help you find a class action to fit your case.
