Class Action Lawsuit Introduction for Paralegals
Welcome to my new class action lawsuit page created on the morning of April 18, 2015. My experience providing class action litigation support is mainly for a Century City personal injury attorney. I have recently developed a personal interest in class action lawsuits which extends above and beyond my current professional job responsibilities. Therefor this page is the beginning of something really big. I have also recently become an advanced WordPress blogger in terms of original content creation, organization and management. Therefore I am creating this class action lawsuit page as a foundation and anchor for my upcoming paralegal work in class action lawsuits against GoDaddy.com.
The Four Basic Elements of a Class Action Lawsuit
There are four different types of class action lawsuits provided for by California Code of Civil Procedure §§ 378-384. There are also federal class action lawsuits. In the United States federal courts, class actions are governed by FRCP 23 and 28 U.S.C.A. § 1332(d). At present I am working as a paralegal on a United States District Court multi-district lawsuit (MDL) involving a class of women plaintiffs’ who are claiming damages from trans-vaginal mesh implants used to treat urinary incontinence. These MDL lawsuits are refered to as TVM or mesh litigation. I am working as a contract paralegal for Jeff Ward, Esq. on this MDL litigation so if you want in let me know.
Wikipedia on State v. Federal Class Action Lawsuits:
“. . . It is also possible to bring class actions under state law, and in some cases the court may extend its jurisdiction to all the members of the class, including out of state (or even internationally) as the key element is the jurisdiction that the court has over the defendant.
Typically, federal courts are thought to be more favorable for defendants, and state courts more favorable for plaintiffs. Many class actions are filed initially in state court. The defendant will frequently try to remove the case to federal court. The Class Action Fairness Act of 2005 increases defendants’ ability to remove state cases to federal court by giving federal courts original jurisdiction for all class actions with damages exceeding $5,000,000 exclusive of interest and costs . . . “
Based upon the California state court advantage for plaintiffs I am currently studying the possibility of filing a state class action lawsuit against GoDaddy for crashing my LegalNoodle.com blog. There are many class action lawsuits against GoDaddy.com. If you or anyone you know has been damaged by GoDaddy.com’s managed WordPress hosting please contact me at Dean@LegalNoodle.com.
Class Action Lawsuit Prerequisites
1. Large Numbers. There must be such a large number of potential plaintiffs against the defendant that it is not possible or practical for plaintiffs to each file a separate lawsuit. Usually plaintiffs number in the hundreds, thousands, or more.
2. Identical Claims. Each claim must have similar factual and legal issues in common making it judicially efficient to deal with all claims together. Thousands of claims against GoDaddy for advertising free private domain registration and then charging for private domain registration is a good example of a class action suit because tens of thousands of consumers have been bilked by GoDaddy in this manner.
3. Lead Plaintiff Provides Fair and Adequate Protection for the Class. The named lead plaintiff and class lawyers and representatives must have the competency to protect the interests of all class action members. The attorneys competency is most important, however the court will scrutinize the lead plaintiff representatives also.
Class Action Lawsuit Court Certification
If the court determines that the above elements exist and that proceeding as a class action is the best way to manage the claims, then the court will certify the individually filed action as a class action lawsuit. Certification is most often ordered when a class of claimants are requesting the defendant to perform a specific action such as cease charging for private domain registration.
After these initial proceedings it could conceivably take less time to resolve a class action lawsuit that an individual lawsuit. It all depends upon hard GoDaddy would fight against the claims of the class members. Usually huge settlement fund pools are created to satisfy the claims of class action lawsuits.