Why might someone bring or join a class action lawsuit? There are several reasons. First is the judicial efficiency of combining dozens, hundreds, or even thousands of cases into a single case. This approach avoids clogging the courts, and it avoids having to prove the same facts thousands of times. It also avoids the danger of contradictory results. 

From the plaintiffs’ point of view, it saves a lot of time and money. It also paves the way for cases where a large number of plaintiffs are entitled to only a small amount of money, but the defendant (a large pharmaceutical company, for example) needs to be taught a lesson so that they do not repeat their behavior. Class action lawsuits are most common in product liability cases, toxic torts, and mass transportation accidents. 

A personal injury lawyer often plays a key role in representing plaintiffs in these cases, ensuring they receive fair compensation for their injuries and losses.

Procedure

Following is a list of the major steps you need to take to initiate and pursue a class action lawsuit.

Filing the Initial Complaint

The initial complaint must include all of the elements of an ordinary complaint, plus a description of the class and a defense of why the cases should be combined into a single class action.

Certifying the Class

The judge will decide whether to certify the class based on the following factors:

  • Numerosity: To convince a court to certify your class for a class action lawsuit, you’re going to need to prove that the number of plaintiffs is too large to handle individual lawsuits or joinder of active plaintiffs into a single lawsuit. You’ll probably need several dozen plaintiffs, who will passively await the results of litigation by you, the representative plaintiff.
  • Commonality: There must be common questions of law and fact that naturally build the plaintiffs’ cases together. These questions must predominate over other issues.
  • Typicality: Your claims and defenses must be typical of the class, and they must target the same defendant(s).
  • Adequacy of representation: You and your lawyer must have the ability to adequately represent the interests of the entire group of plaintiffs.
  • Superiority: All things considered, a class action lawsuit must be the superior way of resolving the plaintiffs’ disputes.  

Ultimately, the judge will decide whether to certify the class based on the totality of the circumstances.

Notifying the Plaintiffs

Notifying the plaintiffs could be easy or difficult, depending on how many of them there are. Courts use many ways to notify plaintiffs of their inclusion in the lawsuit. The preferred method is surface mail. The court might also use email or even publication to notify plaintiffs. 

Opting Out or Opting In

Most of the time, if the court includes you in the certified class, you are part of the lawsuit and bound by its results unless you opt-out in writing. If you take this route, you will not share in the proceeds of the lawsuit, but you will reserve the right to file your own lawsuit by the statute of limitations deadline. In some cases, however, you are excluded from the lawsuit unless you specifically opt-in.   

Settlement

Most class action lawsuits end in a settlement. Although the representative plaintiff is the one who must settle, the court must approve the settlement to protect the interests of the non-participating plaintiffs. The settlement might not be shared equally among the plaintiffs.

Trial

Once in a while, a class action lawsuit will go all the way to trial. Once the trial court reaches a verdict, you may share in the proceeds. As is the case with settlements, a court might not share the proceeds of a verdict equally among the plaintiffs.

Example: The $800 Million Mass Shooting Class Action Against MGM Grand

No discussion of Nevada class action lawsuits would be complete without mentioning the $800 million class action lawsuit against MGM Resorts International. The tragedy that triggered this lawsuit was the Las Vegas shooting at the Route 91 Harvest Music Festival. This atrocity killed 58 people and injured hundreds more. It was the deadliest mass shooting by a single shooter in US history. The plaintiffs, who alleged negligent security, numbered in the thousands. 

Contact the Las Vegas Personal Injury Attorneys at Battle Born Injury Lawyers Today

You should not try to initiate a class action lawsuit in Las Vegas on your own. They are extremely complex, and the court is unlikely to certify the class you seek to represent unless you hire an experienced personal injury attorney. Contact our law firm at Battle Born Injury Lawyers and schedule a free consultation with our legal team.

Battle Born Injury Lawyers
400 S 4th St Suite 290,
Las Vegas, NV 89101
(702) 357-4868

Battle Born Injury Lawyers – Las Vegas Office
10789 W Twain Ave #100
Las Vegas, NV 89135
(702) 570-9000

Battle Born Injury Lawyers – Reno Office
675 W Moana Ln #206
Reno, NV 89509, USA
(775) 535-7768

Battle Born Injury Lawyers – Henderson Office
8540 S Eastern Ave #200
Henderson, NV 89123
(702) 500-0287