Class Actions

Your Alabama class action attorneys.

Hare Wynn has experienced class action lawyers who have obtained for their clients over $2 billion in damages and other relief through class actions.

Handing a class action is different from handling a case brought on behalf of a single person.  In a class action, a court resolves in a single proceeding a set of related claims that a group of individuals may have.  A set of additional rules applies to class actions that do not apply to other cases.  If you believe you have a potential class action claim, you need an experienced class action law firm on your side.

If you were harmed by wrongdoing that you believe similarly affected a large group of individuals, please contact the experienced Birmingham class action lawyers at Hare Wynn.

What is a class action?

Sometimes the same conduct by a corporation or other defendant may cause similar harm to a large group of people.  This may happen, for instance, when a company charges illegal fees to a group of customers, a corporation’s false public statements artificially inflate its stock prices, or a company releases pollutants over a large area.  In such situations, a class action may be an efficient way to resolve the claims of all individuals who were harmed by the wrongdoing.

In a class action, an individual, referred to as the class representative, files a lawsuit on behalf of himself and other individuals who are similarly situated.  That way, each individual who suffered damages as the result of the same misconduct does not have to file his own case.

In order to go forward as a class action, a court must determine that the criteria set forth in the relevant procedural rules are satisfied.  If the action is filed in federal court, Federal Rule of Civil Procedure 23 sets forth that criteria and requires a showing that:

(1)   The class is so numerous that joinder of all members is impracticable;
(2)  There are questions of law or fact common to the class;
(3)  The claims or defenses of the representative parties are typical of the claims or defenses of the class; and
(4)  The representative parties will fairly and adequately protect the interests of the class

Fed. R. Civ. P. 23(a).

If monetary damages are sought the court generally must also find “that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.”  Fed. R. Civ. P. 23(b)(3).

Alabama class actions are similar.  A set of standards similar to those listed above that is set forth in Alabama Rule of Civil Procedure 23 must be satisfied in class actions that go forward in Alabama state courts.

If the court determines that the required criteria are satisfied, then the class is considered “certified.”

After a class is certified, the class action may go to trial, the class action may settle, or the court may enter judgment in the class action without a trial.  If a settlement or verdict is obtained in favor of the class, and the class receives money damages, then oftentimes the members of the class must complete a claim form to receive the compensation to which they are entitled.

What are the advantages of a class action?

A class action is an efficient means of resolving the claims of a large number of individuals.  If each person who had a similar claim filed his own lawsuit, each of those persons would have to hire a lawyer, pay court filing fees, and potentially sit for deposition and attend trial.  In a class action, a single lawsuit is filed and the class representative is often the only person in the class who is deposed and has to attend trial.

Class actions help make sure that all individuals’ claims are resolved in a fair and orderly manner.  A court must make sure that a class action settlement is fair before approving it.  Class actions also help ensure that all individuals similarly affected by a defendant’s wrongdoing are similarly compensated.  If the defendant has limited funds to resolve the claims of a large number of individuals, then, if there is no class action, all available funds may end up being paid to the first individuals to go to trial or settle, leaving no funds to compensate the individuals who are not the first to the courtroom or settlement table.

Some types of wrongdoing cannot be practicably redressed through individual actions because the harm suffered by each person is not substantial enough to justify brining individual lawsuits.  For example, say that a company collects a $100 charge from one million customers.  It may not make sense to file individual cases – the $100 that a single affected person would seek to recover may not cover the costs of a lawsuit.  But a class action would allow for the full $100 million to be recovered through a single lawsuit.

Has Hare Wynn handled class actions?

Yes.  Hare Wynn lawyers have extensive experience handling class actions, both in Alabama and across the United States.  These Birmingham class action lawyers have obtained relief in excess of $2 billion in class actions.  Some of these class actions include:

• Agricultural class action.  Hare Wynn lawyers obtained a $1.51 billion settlement for a class of American corn farmers who suffered from depressed corn prices when the negligence of seed manufacturer Syngenta disrupted the American corn market.
• Alabama shareholders’ class action.  Hare Wynn obtained a $310 million settlement for a class of shareholders that was defrauded in the settlement of a previous Alabama securities class action.
• Alabama environmental class action.  Hare Wynn lawyers represented a class of North Alabama residents in an action against 3M and other defendants that had polluted the region with PFAS “forever chemicals” that were produced at a plant in Decatur, Alabama.  Under the class action settlement, the defendants agreed to undertake environmental remediation efforts costing over $300 million.
• Alabama consumer class action.  Hare Wynn lawyers were on the team that obtained a class action settlement valued at up to $68 million with a contact lens manufacturer that engaged in misleading sales practices.
• FLSA class action.  The Fair Labor Standards Act allows workers who were not paid required overtime or other work benefits to pursue an FLSA collective action, which is similar in many ways to a class action but is not subject to the requirements of Federal Rule of Civil Procedure 23.  Hare Wynn has handled FLSA collective action cases in Alabama; for example, Hare Wynn represented a group of CVS pharmacists who were not paid required overtime wages.

Who are the top Birmingham class action lawyers?

Our record of successfully handling class actions places Hare Wynn among the top class action law firms in Alabama.  Hare Wynn lawyers have been recognized for their expertise in class actions. For example, several Hare Wynn lawyers who practice in the area of class action and mass tort litigation are recognized in Best Lawyers.  Super Lawyers also recognizes several Hare Wynn lawyers in the area of Mass Torts & Class Actions.

How do I pay for a class action?

Hare Wynn does not charge its clients fees unless a recovery is obtained.  This same practice applies to class actions.  In class actions, the Court will usually award an attorney fee that comes out of the damages that the defendant pays.

Who can I contact if I know of a potential class action?

Contact the experienced Alabama class action lawyers at Hare Wynn if you believe you and a group of similarly situated individuals were harmed by a company’s misconduct.  Hare Wynn lawyers will gather the relevant information about your potential case, conduct the necessary legal research, and speak with you about the strength of your claims.  The consultation is free – Hare Wynn will only recover a fee if a recovery is made for the client.