Class Action Suit: The People vs. Joe Albero


If you are interested in being part of this law suit contact John Robinson at FixTime@aol.com. He has a lawyer coming to Salisbury once a week talking to victims of Joe. This will be filed in Federal court, so we are told.

What and Why of Class Actions

Why are there class action lawsuits? Sometimes you may have a legal claim, often arising from a problem with a product or service, but righting the wrong through a lawsuit is just not practical. Sometimes there's a large group of people, and separate lawsuits aren't practical or an efficient use of legal resources. Class action lawsuits allow representatives of a group to go to court, and obtain a judgment or settlement benefiting all group or class members.
Class action lawsuits have been used in many types of cases. Products liability claims are very common: health products and drugs, electronics, appliances, automobiles, tobacco and building materials to name a few. Claims related to services, such as phone, banking, cable tv and other consumer services have been resolved through class actions. Class actions address corporate and securities issues. Employment claims include discrimination and wage and hour law issues.

Class Action Prerequisites

Class actions are governed by federal and state court rules. The requirements of these rules must be met in order for a legal dispute to be resolved through a class action lawsuit. The core elements needed to support a class action are:
  • Numbers. There have to be so many possible plaintiffs and lawsuits against a defendant that it's not practical for them to join together in a normal lawsuit, or file their own. When possible plaintiffs number in the hundreds or thousands, this requirement is met
  • Same claims. Claims need to raise common legal and factual issues, making it efficient to deal with all claims together. For example, thousands of people have claims against a manufacturer for a faulty dishwasher switch causing a fire hazard
  • Typical cases. The people named as plaintiffs, the representatives, have the same claims and defenses as the larger class of claimants. In the dishwasher example, the named plaintiff's claim couldn't arise from a defective pump causing flooding
  • Representatives provide fair and adequate protection for the class. The named plaintiffs and class lawyers provide proper representation for the class. The lawyers' competency is the main focus here, but courts look at the representative, too. A court could find someone with a history of fraud isn't the right plaintiff in a class action involving consumer banking issues
A court must then certify the class for the lawsuit to go ahead as a class action. The court confirms the elements above exist, and certifies the class if a class action is the best way to manage the claims. The proposed class needs to show they have the same claims and seek the same relief, such as money damages. Certification is usually granted when the class wants the defendant to do or stop doing something, such as stopping a restaurant from playing loud music late at night.
A court could refuse to certify a class if the issues, proof and damages for each claim vary too much. Sometimes a class action isn't practical in a mass tort case, caused by a major disaster or a dangerous consumer product or drug for these reasons. If the court doesn't certify the class, the case goes ahead for those individuals named as plaintiffs.



Next Steps for the Case

Once the complaint is filed, starting the lawsuit, and the class is certified, the case could take more or less time to resolve than an individual lawsuit. Much depends on the defendant in the case, and a class action could settle in several months, or go on for years. There's more investigation in the case by the parties, and most certified class actions do settle.

Proposed Settlement and Opting In or Out

Most often, the class action ends with a settlement. Class members accept or reject settlement terms by opting in or out. Depending on the case, you may have to "opt-in" and complete a form to join the class. It's also possible for a class to include everyone meeting certain criteria, and no action is needed to be part of the class. You'd "opt-out" if you didn't want to participate. You may want to pursue your case individually.
The court needs to approve the settlement, and does so upon finding it fair and reasonable to the class. Attorneys' fees are part of the court's approval process, and those fees are typically a percentage of the funds paid to the class. Some criticize that class actions reward attorneys with a windfall, while class members may recover small amounts of money, coupons or account credits. However, the attorneys' fees are paid for services to the entire class. Where class members receive relatively small awards, the class action may have been the only practical way to receive relief.

Reviewing the Proposed Settlement

Do read the fine print if you receive a proposed settlement, and know what you're agreeing to when you opt-in or -out. Things to look for include:
  • The payment or benefit you'll receive as a class member. Even if it seems small, such as a rebate on a new appliance to replace a defective one, you may find it a great value
  • The release of claims should match the complaint in the case. For example, if the lawsuit's subject covered one product or defect, the release shouldn't apply to other products or problems
  • Look for indications that the settlement does benefit the class, and wasn't rushed. Attorneys' fees should be disclosed, the case investigation should be summarized and the settlement should not have been reach too quickly

Can a Class Action Help You?

Where should you start if you have a problem that could be solved through a class action? Chances are good there's already a class action pending that covers your problem. Internet research is a good place to start. Use a search terms including the product or company name and "class action." Searching for community discussions is another way to connect with those with similar problems.
Do your research whether you're thinking of filing a new class action or joining a pending one. Review the attorney's experience and ability to handle the case, including experience with class actions.
You may also decide an individual lawsuit is the best way to solve your legal problem. Do read and reviewclass action settlement notices, and watch for those requiring you to opt-out to preserve your right to sue individually. The larger your loss or damages are, the greater your need is to consult with your attorney to decide if the class action is right for you.