class actions Flashcards
1
Q
what are class actions?
A
it is a group dispute where people join to commence a civil action. there is a lead plaintiff.
2
Q
what is needed for a class action?
A
- seven or more people
- claims relating to the same, or similar, circumstances
- the same issues needing to be decided
3
Q
what are costs for class actions?
A
- if the class action fails the lead plaintiff alone is responsible for the costs, if successful the group members share the damages
- litigation funders will often pay the cost of a failed class action
4
Q
what are the types of class actions?
A
- shareholder (investors): claims about being misrepresented about the state of the company
- natural disasters: loss or damage occured as a result of a natural disaster (e.g. bushfire)
- product liability: when consumers suffered loss or injury from a goods or service
- employee conditions: dispute underpayment or working conditions at a company
5
Q
what is the appropriateness of class actions?
A
- 7 or more people
- is there a litigation funder willing to pay for costs
- the size and nature of the claims