Blog Topic

What Is A Class Action?
Posted by: Louis Marlin
January 25, 2010

Simply put, a "class action" is a lawsuit brought by a very few people (sometimes just one person) on behalf of a much larger group, all who have essentially the same type of legal claim against a particular defendant, or group of defendants. Examples are claims where a group of employees in a particular job position are not getting paid overtime, or are having their meal or rest breaks interrupted by their boss, or their employer may fail to reimburse them for their business expenses. Other cases might involve consumer claims related to a defective product, or claims that an online website deceived, misled or defrauded many customers. In short, a class action may be useful in many cases where a large number of people (usually over 50, and often numbering in the thousands or even tens of thousands) have suffered the same or similar harm as a result of the same or similar actions by a defendant.

The people who bring the class action on behalf of the larger group are often referred to as "class representatives". It is their job, and the job of their lawyers, to present facts to prove what the defendant has done wrong, and to show that the basic facts - the wrongful conduct - are the same or similar in regard to the class representatives and the "absent" class members they represent.

Despite what you may have heard on the advertisements paid for by big corporations, our courts do favor the use of class actions when they help the courts resolve many similar claims in one action, controlled by one judge. A class action, properly used, can result in substantial benefit to the absent class members. Individual recovery in class actions can range from a few dollars to thousands of dollars.

At Marlin & Saltzman, we pride ourselves on carefully selecting the cases we file, and recovering substantial money for class members. We have handled several overtime cases where the average gross recovery for absent class members was over $80,000.00. Others, of course, have had lower recoveries. We are proud to have been selected by Law 360 (www.law360.com) as one of the top plaintiffs' employment class action law firms in the country.

At Marlin & Saltzman, we accept class actions on a "contingency" basis. This means that we only get paid if we are successful in the case, either by taking the case to trial, or reaching a reasonable settlement with the defendant. We always welcome the opportunity to discuss the facts of your potential claim with you, to determine if a class action claim would benefit you and other potential class members.

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