Jonathan J. Klein,               

Attorney and Counselor at Law
NEWSLETTER 1445 Capitol Avenue Bridgeport CT 06604

Tel (203) 330-1900   Fax (203) 330-1526
Litigation October 18, 2015

Fraudulently Transferred Property & Constructive Trusts

A constructive trust is a remedy imposed by a court when a person has wrongfully attained property in an inappropriate ...(more)


Strict Liability for Dangerous Animals and Ultrahazardous Activities

Typically, owners of dangerous animals and others engaged in ultrahazardous activities owe an absolute duty to make the animal or ...(more)


Collateral Source Rule

In addition to laws passed by legislatures, there exists a body of principles derived from court decisions and other judicial ...(more)


Burden of Proof in Most Personal Injury and Other Civil Cases

Crimes are wrongful acts against society for which punishment may be imposed. Where an individual is injured through the wrongful ...(more)


Litigation In The News

A Rare Chance to Lower Litigation Costs

A Way To Mitigate Smartphone Patent Litigation

Mediation fails, litigation on for Gilbert, ballpark builder of Big League Dreams

Louisiana noted as 'mecca for litigation' in WSJ editorial

West Milford Township, anticipating litigation, contracts attorney

What Constitutes a "Class" for Litigation Purposes

A class action suit is a claim brought by one or more individuals on behalf of themselves and others with similar claims. There are several types of cases appropriate for a class action lawsuit including:

  • A mass accident - usually a single event such as an airplane crash
  • Widespread personal injuries - usually involving defective products such as tires or pharmaceuticals

How Is a Class Action Lawsuit Brought?
There are usually four steps prior to beginning a class action claim:

  1. Define the class - To define the class is to identify the individuals with similar claims who would like to participate in the class action lawsuit.
  2. Choose a representative plaintiff - Injuries or afflictions beyond that of class members is not necessary. However, the representative plaintiff should possess the ability to fairly and accurately represent the entire class.
  3. File a Statement of Claim - This is a descriptive statement about the suit that must be filed with the court.
  4. Have the claim certified as a class action - If the court certifies the Statement of Claim, the court has granted permission for the claim to proceed as a class action. After this, the lawsuit may begin.

The Advantages of a Class Action Lawsuit
There are several advantages to bringing a class action lawsuit. First, the class benefits from the perception of strength in numbers. Additionally, class actions allow individuals who might not otherwise pursue legal action an opportunity to have their grievance heard. Class actions also serve to funnel numerous possible court actions into one, thereby relieving the burden on courts.

Class action parties are usually represented by attorneys on a contingency basis, meaning the attorney will receive a portion of the settlement if awarded. If there is no settlement, there is typically no requirement of any payment of attorneys' fees by the individuals of the class.

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