Quote:
Originally Posted by Peter_Spaeth
A class action typically is the last thing a defendant wants because the exposure potentially is so high once a class gets certified. Defendants typically spend a tremendous amount of effort to oppose class certification, on the theory that most plaintiffs will not pursue their claims individually and it will be much cheaper to settle or defend those suits that do get filed. There are circumstances where a defendant might want to consolidate separate cases depending on whether that procedural vehicle is available, but that is different from a class action.
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if the risk is known, then it can be smarter to consolidate. it is not unheard of. hence my comment. someone with attention to suits being filed against a particular defendant can also easily bring class action on behalf of the class. whether the defendant pushes for it, or an entity involved in a civil case brings it to a class action......with enough people filing civil suit the chances of it becoming a class action from civil suit goes up.
enter binding arbitration into the conversation where you agree not to file suit in court of law against the defendant. now you have no chance of having what most consider a fair hearing, nor the ability to join a class action suit.
nothing i said is inaccurate. thank you for confirming this.
kevin