During this twenty-minute video presentation from July 10, 2020, Chugh, LLP attorneys provide an overview of civil litigation and class action lawsuits.
In civil litigation, one individual or business files a claim against another individual or business and the matter is resolved in a court of law. Civil matters include things like relationships between people, such as marriage, or a contract dispute between businesses. Our attorneys cover the four major phases of a civil lawsuit, including:
- Initiation of the lawsuit.
- Mediation and settlement efforts.
Class Action Lawsuits
Class action lawsuits are brought by a group of people or businesses that have suffered common injuries on behalf of the defendant. One or more individual or entity represents the group. Class action lawsuits can be brought in federal or state court, depending on which laws were violated.
Class action suits must meet certain requirements for class certification, including:
- Numerosity: The class has more than 40 members.
- Ascertainable: It is clear which individuals would be members of the class.
- Commonality: Class members have a common question of fact and of law that are predominant in the case.
- Typicality: The claims of the class representatives are typical of those plaintiffs in the class.
- Representation: The representative of the suit represents the class.
- Superiority: The class action is the best method to pursue litigation.
Strategies for defense against a class action lawsuit vary based on the facts of the case, and may include:
- Individuality: The members of the class are not similar enough for a class action suit.
- Inadequate representative: The representative does not adequately represent the class members.