Class Actions

Class Actions

Class Actions Landowners typically bring a class action lawsuit for environmental harm that affects a group of persons.  Typically this happens with spills (oil and gas sites or pipelines), releases of toxins, significant noise pollution, or other nuisances.  This method of procedure allows one person or a small group of people to sue the same defendant on behalf of a much larger group of people - sometimes hundreds or even thousands of people - who have suffered similar harm.  In other words, a class action allows people to pursue a lawsuit as a group, when they might not otherwise be able to afford to do so individually, which makes class actions not only a cost effective choice but an effective means of getting more justice than would be available if pursuing the claims individually.  In addition, a class action lawsuit is a powerful tool to force the law against large corporations and government entities.

In order to file a class action, there are four factors that must be considered.
  1. Numerosity – the class must be large enough that individual claims against the defendant would be impractical.
  2. Commonality – there must common legal issues among the class members.
  3. Typicality – the claims of the person bringing the lawsuit must be typical of those of the entire class.
  4. Adequacy of Representation – the law firm bringing the class must be willing and able to represent the interests of the entire class.
Once the class action has been approved by the court, a notice of the action is sent to all potential class members who then have the option to opt in or out of the class action. If a person opts in, that person becomes part of the certified class and if a settlement is proposed, all members of the certified class are notified of the details regarding the settlement.

 At LandownerFirm we are experienced with natural resource, environmental, and toxic exposure class action lawsuits. If you think you may have a possible class action lawsuit, please fill out our Contact Us form or give us a call.  

Call us at 888-HEY-GRAY (888-439-4729) or contact us online.