Class Action Attorneys
Class Action Checklist
Before bringing a class action, a class action lawyer should at least consider the following factors:
- What is the amount in controversy for the individual plaintiff? [It should not be so large that individual actions are superior or so small that notice is not feasible]
- What is the amount in controversy for the entire class?
- Will the class members be identifiable?
- How expensive will it be to send notice?
- What statute or common law rule was violated classwide?
- As a matter of fairness and common sense, do we care that the rule was violated?
- What individual issues exist, such as reliance?
- Are there differences in damages that make the class not viable?
- Is the defendant collectable?
- Will the Defendant settle the matter or will it fight to the death over a core business issue?
- What publicity can be garnered and is it good or bad?
- Is there competition from other class actions and how much will there be?
- Have similar cases been tried elsewhere, and if so, with what result?
- Is this a good class plaintiff and can others be found if need be?
- What are the risks for the individual client vs the benefits?
- How much time will the case take?
- Is there an arbitration clause?
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