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.

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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
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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
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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
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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
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