PSA Class Action Ban Wagon

[Snapolit1]

Originally Posted by drcy

Hmm. Is this a variation on the old saying "With friends like you, who needs enemies"?

Not a "truism" I've ever heard before.

It is not easy to get a class action certified. Numerous procedural hurdles in federal or state court. Federal Rule of Civil Procedure 23 is the federal court general rule if anyone is curious. But in the event you get a class certified there is often extraordinary pressure on the defendants to settle. Now, in some class settlements precious little flows down to the actual class members. Sure all of you have received notices like "hey, you are a class member in the case of Jones v. Ticketguru . . . there's been a huge settlement and you are entitled to file a claim for up to a buck eighty. But it could be less." Class actions are roundly criticized for a number of things, including fees paid lawyers and often times minimal benefit to class members. "Coupon" settlements where all the class members are given a ticket to get a discount on a future purchase often come under harsh criticism.

Typically in a case like this there will be motion to dismiss stage. Basically the defendants say "you haven't stated a proper legal claim against me. This case should all be dismissed." Briefs fly back and forth. Will take months to be fully briefed. Maybe a ruling in this case late summer of fall? Sometimes motion could be granted in part and denied in part, allowing some part of the identified case to proceed. Or the plaintiff may be given permission to file an amended complaint. If the case is not dismissed there will be a class certification phase, where the plaintiff moves for class certification. More briefing. Usually a big hearing. Lots of powerpoint presentations for the court. More months to a ruling.

FYI, typically defendants will argue that discovery should not be permitted to proceed or should be limited to class certification issues until after motions are ruled on and after certification hearing is held. Plaintiffs typically push for broad discovery immediately, as it pressures the defendant. And is costly. Rulings can go both ways on this.

In any event, cases of this size don't move fast. They are more like battleships that proceed slowly.

[Stampsfan]

Originally Posted by Snapolit1

Not a "truism" I've ever heard before.

Thanks Steve for this clarification for us non-legal (IT in my case) types. Much appreciated.

[CMIZ5290]

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