class actions Flashcards
class actions
a legal proceeding brought by one or numerous plaintiffs acting for themselves as well as on behalf of a wider group of people who have a claim with the same person
heard in the supreme court
lead plaintiff
initiates proceedings on behalf of the entire group - the resolution of the plaintiffs claim will determine the defendants liability for other members of the group taking action
criteria
- 7 or more people are claiming against the same defendant
- the claim must be in respect of, or arise from the same or related circumstances
- the claim must give rise to a common issue of law or fact
lead plaintiff - responsibilities
- assuming the risk and cost on behalf of the entire group
- ensuring the claim is on behalf of the whole group
- provide instructions to their lawyers
- filing the case under their own name
finances - failure
if the class action fails, the lead plaintiff is solely responsible for the cost of the proceedings and any adverse cost orders
finances - success
if the class action succeeds, the class members will share the costs of bringing the proceedings, and the costs of winning the class action is split among the group
workplace accidents
there is a chemical spill and a group of workers suffer from poisoning
medical malpractice
doctors use a surgical product or prescribe a medication that is discovered to be dangerous
financial malpractice
a bank charges thousands of customers a small fee for financial advice that the bank did not actually provide
preventable natural disaster
a community suffered loss due to a natural disaster that was preventable (like a flood without proper precautions taken, or a fire that was purposely lit)
faulty goods or services
a group of consumers buy the same product or use the same service that is later found to be faulty or dangerous
