Chicago Class Action Lawsuit Attorneys

Different Types of Class Action Lawsuits

As mentioned, a class action lawsuit can begin when many different people are injured in similar ways by one defendant or entity. Furthermore, class action lawsuits are usually used to represent thousands, tens of thousands, or possibly millions of plaintiffs all at once. For this reason, class action lawsuits tend to involve one issue from a relatively short list of legal issues.

Class action lawsuits are most commonly formed due to issues, conflicts, or losses related to:

• Consumer protection or defective products
• Environmental hazards or issues
• Data privacy
• Antitrust violations
• Employment disputes
• Securities fraud

Earning Status in a Class Action Lawsuit

Not just any lawsuit can act as the starting point for a class action lawsuit. Before a group of lead plaintiffs – which can be as few as one person or as large as several dozen in some cases – can file on behalf of a class, a petition to earn class status must be filed with the right court, and a judge must grant the status. When you come to Hilliard Law for legal counsel, we can begin by determining if your case and the circumstances surrounding it would likely meet the criteria needed to file a petition for class status.

To be granted class status from a judge, the following must typically be true:

• Number of class members would make it impractical to pursue compensation through individual claims;
• Class members’ claims share common questions of law or fact;
• Claims or defenses are typical of those for the rest of the proposed class;
• Proposed class representatives or lead plaintiffs will adequately protect the interests of the entire proposed class;
• Common questions of law or fact predominate over questions affecting only individuals; and,
• Class action would be superior to other methods of litigating the case.

Steps in a Class Action Lawsuit

Every class action lawsuit is unique, but most follow at least these few basic steps:

• Filing the complaint: The process begins with filing a formal complaint in court. This document outlines the legal claims, the defendant's alleged wrongdoing, and how it has harmed the plaintiff class. The complaint must also specify that the case is being filed as a class action under Illinois law.
• Class certification: The court will evaluate whether the lawsuit meets specific criteria to proceed as a class action, as detailed above. If the court is satisfied that a class action lawsuit is justified, it will grant its certification and class status to the plaintiffs.
• Notice to class members: Once certified, potential members of the class must be notified about the lawsuit. This notice informs them of their rights, including the option to join the class or opt out. Notifications are typically done through mail, advertisements, or other methods deemed appropriate by the court.
• Discovery: Both sides of the case gather evidence to support their claims. This phase includes exchanging documents, taking depositions, and collecting testimony. Discovery allows both parties to exchange or request all relevant information before the case proceeds to settlement discussions or trial.
• Settlement or trial: Many class action lawsuits are resolved through settlement, where the defendant agrees to compensate the class without admitting fault. If a settlement isn't reached, though, the case can proceed to trial, where a judge or jury decides the outcome.
• Damage distribution: If the class action lawsuit ends in favor of the plaintiff class, a settlement or award will be used to provide compensation to the plaintiffs. Usually, the lead plaintiffs or class representatives are given their fair share of the compensation before the remaining amount is evenly distributed among the rest of the plaintiff class. In this way, lead plaintiffs can get more or slightly more compensation than the average plaintiff in the class action lawsuit as a way of acknowledging the extra efforts from lead plaintiffs.