Emerging Trends in Litigation
1/31/2008 9:03:58 AM EST
Class Actions
Posted by AME3bg
Class actions, which allow a relatively small number of plaintiffs to bring a lawsuit and seek relief on behalf of a large class of similarly situated parties, have been around for many years. The Class Action Fairness Act of 2005 is aimed at controlling the legal fees of plaintiff class’s attorneys, providing class action litigants with broader access to federal courts, and offering greater protection for the individual interests of class members. The law provides federal district courts with jurisdiction over class actions based on state law with an amount in controversy exceeding $5 million if any one plaintiff is from a different state than any one defendant. Previously, an attorney representing the plaintiff class typically received a percentage of the gross settlement amount, whether or not class members actually redeemed the full amount. Attorneys’ fees are now based on the amount of coupons class members redeem.

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