A New Orleans class action lawsuit lawyer at Smiley Law Firm represents groups of clients that have been injured by others.
Class action lawsuits in New Orleans 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. A New Orleans class action lawsuit lawyer at the Smiley Law Firm is approached by claimants all the time asking if their issue is worthy of starting a class action. 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, 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.