Class Actions Lawsuit

A class action lawsuit is complicated. There are a number of moving parts. Normal litigation is tricky, and if you layer that with numerous plaintiffs, then it becomes exponentially more complicated.  The lawyers at Smiley Law Firm currently represent groups of clients that have been injured by others.

Most class action lawsuits are national and can even have world-wide ramifications. It is important to find a local attorney in Louisiana to help you with the claim. Then the local attorney can reach out to the class action lawsuit head counsel to make sure that your claim is properly documented and preserved.

Class action lawsuits in New Orleans, Louisiana and the United States have been popularized and demonized by modern media. These types of suits were created specifically for instances where there are so many parties involved that it would be impractical or impossible for each case to exist on its own. Common class action lawsuits involve cases like injuries from toxic substances like asbestos or mesothelioma.

Class action suits can be brought in both State and Federal Courts. The Federal Rules of Civil Procedure Rule 23 and 28 outline the framework for this type of proceeding. In order to bring any claim in federal court there must be diversity or federal question jurisdiction.

Louisiana models its class action after the Federal statutes and it is codified in Louisiana Code of Civil Procedure Article 591 et seq. These types of suit require a numerosity, commonality and a fairness to the class elements before the class is certified.

New Orleans, Louisiana class action lawsuit attorneys at the Smiley Law Firm are approached by claimants all the time asking if their issue is worthy of starting a class action. Or they ask if they can join up with a current class action law suit. The answer always depends on the individual facts of the situation.

Some attorneys are class action happy, but do not realize that their client may be better served by bringing an individual claim rather than instituting a class. Nevertheless, class action suits happen all the time. It is a very complex type of case to even get going due to all of the procedural formalities.

Smiley Law Firm represented a number of claimants in the Chinese Drywall Class Action MDL, BP Oil Spill claimants, along with claimants in class actions ranging from Dupuy Medical Hip class action to BarBri antitrust class action suit. Getting a claim into a class action suit early is important. Once the period is over for making claims, it is possible that the potential claimant may be forever barred from making a claim in the future.

Fill out the contact form on this page or call the number to see if your claim is one that could turn into a class action suit.