A class action lawsuit is a type of civil lawsuit brought against one defendant by a group of people with a common complaint. Class action lawsuits bring together a large group of people to perform as one entity, all sharing a common interest. Although such cases can be complex, we’re breaking down the basics of class action lawsuits in Wisconsin and how they work.
Requirements for Filing a Class Action Lawsuit in WI
Before a class action case makes it to court in Wisconsin, it must meet certain criteria in order to be considered a class action lawsuit. Wisconsin law clearly defines requirements necessary for filing a class action lawsuit.
Common Interest
Members of the class should share a common complaint against the defendant and all members of the class seek the same outcome in order to be classified as a class action suit. If there are so many individuals, all with the same complaint against one defendant, then the court names the case a class action lawsuit in order to be most efficient. By combining each individual case into one, each member must abandon his or her individual interests in favor of the common facts shared with other members. It’s true that there’s safety in numbers, and coming together to form a class action lawsuit is often beneficial to members of the class and its representatives.
Representatives
The named representative or representatives must share a common interest with the class. If the representative can prove that their case meets all the requirements, the class becomes certified and moves forward with a class action suit. Once certified, the representatives notify all members of the class in the most efficient way possible: by mail, email, radio ad, newspaper, etc. The notice must use language that’s easy to understand in order to identify who is included in the class, the characteristics of the case, the claims made against the defendant, and instructions for opting out of the class. If accepted, everyone in the class must accept the court’s decision and the outcome of the case. A representative’s job is to oversee the lawsuit and accept or reject any settlement agreements while acting on behalf of the class.
Size of the Class
If there are so many members of a class that each individual case would be impractical, then it may qualify as a class action lawsuit in Wisconsin. The defendant would otherwise be unable to settle each case, and it would put a burden on the court to hear each individual’s case. For example, the cost of going to court with each individual costs the defendant so much money that they couldn’t fulfill their obligations to each plaintiff.
Wisconsin Class Action Lawsuit Attorneys
Finding a skilled class action lawyer is the best way to protect your interests while seeking justice. At Atolles Law, S.C., our lawyers specialize in bringing class action lawsuits to trial. We provide guidance and assist representatives in proving a successful class action case. To learn more, contact us at Atolles Law, S.C. to go over your case during a consultation with a member of our law team.