Class Action Lawyer - Business Commercial Litigation Law
Some areas of litigation demand that the lawyer dealing with a particular matter is a specialist due to the complexity of that particular topic. Law firms that have represented a lot of clients in one field of law eventually become known as experts due to their acquired experience. There are a number of commercial subjects that lend themselves to specialism including professional negligence, trade practices, products liability, corporate insolvency and commercial defamation. Group legal action is one of these specialist topics that is best left to specialist class action lawyers who have acquired expertise because they deal with multi party action on a regular basis. Class action lawyers work in numerous corporate areas including the commercial aspects of the corporation, banking, commercial property, competition, employment; the environment and its impact on the company, e-commerce, regulatory issues and taxation. When you instruct a law firm that deals with substantial class action issues, you will usually deal with more than one lawyer and these lawyers will themselves be dealing with many other class action lawyers working in a multi-disciplinary team.
Multi Party Action
Corporate lawyers represent both plaintiff and defendant in class action cases which are often extremely complex, with numerous plaintiffs and frequently more than one defendant who may have acted in cahoots to the detriment of their customers often by maintaining prices at an artificial level. Some corporate lawyers specialize in defendant class action work representing only defendant businesses and corporations. There are two main types of group litigation, the first category often consisting of numerous individuals who feel they are entitled to recompense for wrong-doing from a corporate entity and the second category consisting of businesses who believe that they have been the subject of anti-trust action by several defendant firms operating an illegal cartel to keep prices artificially high to bilk them out of unfair charges for the work carried out by the defendant business(es) which is often a large multinational corporation such as a bank, an airline or a mining company. Unlawful and often illegal corporate price fixing is not unusual and often becomes the subject of a class action lawsuit against one or more businesses. There are also other common multi party actions, some involving inadequate professional financial advice of one type or another, that have resulted in a large number of clients losing money when they acted on that professional advice. In addition there are more specialized multi party actions for defective medical products, bio-mechanical devices and pharmaceutics where the class may consist of tens of thousands of independent claimant patients against just one multinational manufacturing company fighting the case in numerous jurisdictions with different law applicable, dependent on the location and jurisdiction, which may result in very different outcomes notwithstanding the same or similar evidence and facts being presented to each separate court of law.
Mergers Acquisitions Disposals
Class action litigation can result from mergers, acquisitions and disposals. Private equity is often associated with group litigation, as are issues of public markets, restructuring and re-organization. The taxation aspect of class action law suits relating to business entities and understanding the interplay between business losses and the taxes owed is a particularly difficult part of group litigation involving a corporate entity.
Class Action Law Suits
A number of people (or business entities) known a “group” or “class” of individuals can be harmed by similar action caused by a single agent. In such cases it makes more legal and financial sense to aggregate the potential plaintiffs and to take one legal action on behalf of them all. If the case is won by the group then, the money is divided up amongst all of the class members to the degree that they were injured by the tainted product or action. In multi-party claims, the members of the group must have similar injuries brought on by the same action or product. The members of the class can number in the thousands and it is up to the claimant to prove that they are a member of the class. Once labeled as one of the class, they need only to wait until the outcome of the legislation or trial blaming the defendant.
Class Action Lawyer Benefits
Multi party cases run by a specialist class action lawyer have a number of benefits for the plaintiff with the potential of some benefits for the defendant :-
- increased efficiency and decreased cost
- low value claims can be facilitated
- fair distribution of assets
- increased access to justice
- common & fair remedy
- final determination of a potential long running problem
- reduction of duplicated issues saving court time