Tag Archive for: class action

Different Types of Class Action Cases

Class Action

In a class action lawsuit, many people with the same or similar problem join together to sue the same company. This lets people get justice when they have claims for relatively small amounts of money. Because of the low dollar amounts, it might not be worth the time and money for people to bring lawsuits all by themselves. By coming together with a large group of other individuals in a class action, it’s much easier for ordinary people to take on a large company.

There are several types of class action cases. Here are some common ones:

Illegal Employment Practices

When employers break the law, workers can join together to pursue a class action lawsuit against the company. Some of the common ways that employers act illegally are:

  • Not paying the minimum wage
  • Not paying overtime
  • Performing unlawful background checkson employees and job applicants
  • Discriminating in hiring or promotion because of race, sex, age, national origin, disability, or religion

Fraud or Deceptive Business Practices

When businesses cheat customers, a class action lawsuit can make things right again. There are unfortunately many ways that companies can act deceptively or engage in fraud. Some of these are —

  • False advertising
  • Product labels that are false or deceptive
  • Hidden fees
  • Deceptive product warranties

Defective Products

The law says that manufacturers have a legal duty to make products that are safe. If a product is dangerous because of a design flaw or a manufacturing defect, then a class action lawsuit can be a good option, especially when many consumers have bought the product. Class action lawsuits have been filed for many types of defective products, including —

  • Dangerous defects in cars and other vehicles
  • Defective medical devices, including heart valves, hip implants, and breast implants
  • Packaged food that has been contaminated
  • Dangerous defects in common household items, including furniture and appliances

Civil Rights

You have the right to be treated as an equal to other people without being discriminated against illegally. In addition to the class action lawsuits for illegal employment discrimination described above, class action lawsuits can also be brought for other reasons. These include illegal discrimination because of sex, race, age, national origin, disability, or religion in —

  • Housing
  • Police action
  • Education

Environmental Disasters

If you or your property were harmed because of something a company did that affected the environment, you may be able to join a class action lawsuit. Common situations where this happens include —

  • Oil spills
  • Contaminated water\
  • Toxic chemicals spilled into the ground or released into the air

GCW Class Action Lawyers

Do you think you might have a claim that could be part of a class action lawsuit? The class action lawyers at GCW have successfully sued large companies that have violated the rights of workers and consumers. We invite you to contact us for a free consultation.

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Should I Join a Class Action Lawsuit?

class action

A class action lawsuit involves many people who have comparable legal complaints. They usually involve similar actions or the same products. The idea behind a class action lawsuit is that many plaintiffs who have been harmed can ban together to decrease the overall burden of suing an individual or company. These cases can involve millions of people in some situations.

When Does Joining a Class Action Lawsuit Make Sense?

In many cases, you and others like you, may not have been harmed very much.  For a small amount of money, it may not make sense to take legal action by yourself, but if many people who have the same problem come together to make a claim, those damages can add up quickly and make pursuing the claim worth the effort.

Consider an example. Imagine that a bank charged you illegal fees of $20. It may not be worth your time and effort to try to sue the bank to get that money back, but if 10,000 customers have the same problem, then it makes a lot more sense.

Any settlement that you get from the lawsuit is split among all of the class members after payment for the lawyers’ efforts are deducted. Unless you are the plaintiff named in the lawsuit, being a party in a class action lawsuit usually requires very little of a person’s time, unlike non-class action cases.

If your damages are significant, on the other hand, it might make more sense to have your own private lawsuit.

How Do I Join a Class Action Lawsuit?

In most situations, you don’t have to do anything to join a class action lawsuit, unless you are the person who starts the action. It also costs you nothing to be involved. You are considered a member of the class by merely being involved in some way, such as by purchasing a product, being a customer of a specific business, or working or living at a particular location.

Generally, you must opt out of the class if you do not want to be involved in the lawsuit. Wage and hour violation cases, however, may require that you “opt-in” instead. When the action starts, you should receive a notification, often by mail, that you are a member of the class or you may be a member of a class. It will provide further instructions on what you need to do, if anything.

You will need to take some action if the case settles or your class is awarded money at trial. You can usually submit a claim through the mail or online to indicate that you’d like your portion of the settlement money. Your class action notice should give you more specific instructions how to obtain your settlement.

If you are one of the named plaintiffs in the case, typically you are entitled to greater compensation than other class members.

How is a Class Action Different from a Mass Tort Case?

A mass tort lawsuit often involves dangerous products, medical devices, or drugs. These cases are not the same as a class action lawsuit because each person files his or her own suit.

If you want more information about class action lawsuits or mass tort cases, contact the team at Gingras, Thomsen & Wachs, LLP. We can help you determine the right type of legal case for your situation.

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Great Lakes Higher Education: Class Action Lawsuit Filed

great lakes class action lawsuit frca violation
The law firms of Gingras, Cates & Wachs (Gingras, Thomsen & Wachs, LLP) and Axley Brynelson (AB) have teamed up to file a federal court class action lawsuit against Great Lakes Higher Education Corporation (Groshek v. Great Lakes Higher Education Corporation) for alleged violations of the Fair Credit Reporting Act (FCRA).

What is the Fair Credit Reporting Act (FRCA)

The FCRA is the primary federal law protecting job applicants and employees against unlawful background checks. Job applicants and employees have the right to receive certain notices and disclosures before employers can obtain and use consumer reports to make employment decisions. Congress decided that proper notices were critical due to the frequent errors in consumer reports, including outdated information, and the important privacy concerns raised by the confidential information contained in these background reports. The FCRA is designed to protect all consumers, including those who apply for jobs, as it relates to their credit history and background information, including criminal history.

Under the FCRA, at any time before obtaining a consumer report for employment purposes, an employer must disclose to the applicant that a consumer report may be obtained for employment purposes and such disclosure must be in writing in a single document that is clear and conspicuous.

“Great Lakes has required applicants to allow it access to their background information during the hiring process. While access to background information may, with some employment positions, be important for employers, there are clear federal regulations in place that are designed to protect individuals’ rights under the FCRA that we believe Great Lakes has violated,” says GCW Attorney Heath Straka.

GCW and AB will discuss and answer questions for those who may have been affected by Great Lakes’ failure to abide by FCRA regulations. Please contact GCW Attorney Heath Straka for questions regarding this class action lawsuit.

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Class Action Lawsuits Filed: Time Warner, Alliance Hospitality Management

class action lawsuits time warner alliance hospitality frca violation
The law firms of Gingras, Cates & Wachs (Gingras, Thomsen & Wachs, LLP) and Axley Brynelson (AB) have teamed up to file two federal court class action lawsuits for alleged violations of the Fair Credit Reporting Act (FCRA) by Time Warner Cable (Groshek v. Time Warner Cable, Inc.) and Alliance Hospitality Management (Groshek v. Alliance Hospitality Management, LLC).

What is the Fair Credit Reporting Act (FCRA)

The FCRA is the primary federal law protecting job applicants and employees against unlawful background checks. Job applicants and employees have the right to receive certain notices and disclosures before employers can obtain and use consumer reports to make employment decisions. Congress decided that proper notices were critical due to the frequent errors in consumer reports, including outdated information, and the important privacy concerns raised by the confidential information contained in these background reports. The FCRA is designed to protect all consumers, including those who apply for jobs, as it relates to their credit history and background information, including criminal history.

Under the FCRA, at any time before obtaining a consumer report for employment purposes, an employer must disclose to the applicant that a consumer report may be obtained for employment purposes and such disclosure must be in writing in a single document that is clear and conspicuous.

“Both Time Warner and Alliance Hospitality Management have required applicants to allow the companies access to their background information during the hiring process. While access to background information may, with some employment positions, be important for employers, there are clear federal regulations in place that are designed to protect individuals’ rights under the FCRA that we believe these employers are violating,” says GCW Attorney Heath Straka.

GCW and AB will discuss and answer questions for those who may have been affected by Time Warner or Alliance Hospitality Management’s failure to abide by FCRA regulations. Please contact GCW Attorney Heath Straka at 888-357-7661.

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Class Action Lawsuit Filed on Behalf of Wisconsin Corn Growers

wisconsin-corn-growers-class-action-lawsuit
A class action lawsuit was filed in federal court on behalf of dozens of Wisconsin corn growers on Friday, February 13, 2014. The lawsuit is seeking redress against Syngenta AG, a manufacturer of genetically modified corn seed. The farmers are represented by the law firms of Axley Brynelson, LLP, Roethe Pope Roethe LLP, and Gingras, Cates & Wachs (Gingras, Thomsen & Wachs, LLP). The Wisconsin class action lawsuit coincides with class action lawsuits filed against Syngenta AG in other Midwestern states including Minnesota, Illinois, Iowa, Missouri, Kansas, and Nebraska.

Why Wisconsin Corn Growers Filed a Class Action Lawsuit

Wisconsin corn growers suffered significant financial losses when China rejected corn shipments containing the genetically-modified seed developed by Syngenta AG. The class action lawsuit claims that Syngenta AG affirmatively misrepresented to U.S. farmers the status of approval of the seed by China, and failed to disclose that the genetically ‐modified seed had, in fact, not been approved.

“Wisconsin grows 9% of our nation’s corn. Syngenta’s misconduct compromised the integrity of the corn market. Syngenta rushed its product to increase its own profits without regard to the fact that its actions significantly damaged the price of corn being sold by Wisconsin farmers,” states Attorney Jeff Roethe.

China, a major buyer of U.S. corn, began a blanket rejection of all U.S. produced corn starting in November of 2013 due to the cross ‐contamination stemming from Syngenta’s genetically modified product, which caused corn prices to plunge. The National Grain and Feed Association estimated that China’s rejection of the corn cost American farmers $1.14 billion for the last nine months of 2014 alone.

“The farmers of Wisconsin are an important part of our State’s economic engine. Our focus is to protect all of Wisconsin’s consumers when they fall victim to bad business practices,” says Attorney Heath Straka.

The issue is not whether Syngenta should offer a genetically ‐modified corn seed. The question is whether Syngenta should have first obtained approval from major corn markets like China, or, at least, directly informed the U.S. farmer that Syngenta’s product had not been approved before it was sold to U.S. farmers. This is an extremely important question because Syngenta’s actions caused the risk of falling prices to be borne by Wisconsin farmers,” says Attorney Robert Procter. “Our lawsuit will clarify guidelines for the sale of genetically ‐modified seeds that have not been approved by major market buyers,” adds Procter.

Corn growers may still be added to this class action lawsuit. Any corn grower that sold corn during 2013 and 2014 may be eligible, whether or not the corn grower used Syngenta AG’s seeds.

Please contact Attorney Procter, Attorney Modl, Attorney Roethe or Attorney Straka with questions regarding the Wisconsin corn growers’ class action lawsuit.

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Johnson & Johnson DePuy Hip Implants: Jury Awards $8.3 Million

A jury in Los Angeles awards a Montana man $8.3 million over a Johnson & Johnson DePuy hip implant. The man is the first of more than 10,000 lawsuits pending against the medical products maker in connection with a now-recalled artificial hip.

The 12-member panel, however, declined to issue punitive damages, saying the company’s DePuy orthopedics unit, which made and marketed the all-metal device, did not act with fraud or malice. The implant, known as the Articular Surface Replacement, or A.S.R., was recalled in mid-2010. To read more visit The New York Times Article on this verdict.

DePuy Orthopaedics, Inc. announced the recall of its ASR Hip Replacement Systems, which have been implanted in 93,000 persons worldwide. The DePuy hip recall came as a result of a higher than acceptable rate of failure requiring another hip replacement within 5 years.

Gingras, Cates & Wachs has filed a class action in the Western District of Wisconsin. MICHAEL HOFFMAN, on behalf of himself and all others similarly situated, plaintiffs, v. DEPUY ORTHOPAEDICS, INC., defendant. Case No.: 10-cv-808 (PDF)

Please contact Gingras, Cates & Wachs at 888-357-7661 for more information about the DePuy hip replacement recall or fill out our DePuy Hip Implant Inquiry Form to be contacted by someone at Gingras, Cates & Wachs about this matter.

To learn more about DePuy Hip Implant Class Action visit our DePuy Orthopaedics, Inc. Hip Recall Frequently Asked Questions.

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