CHARLES LILLEY & ASSOCIATES P.C.
Attorneys and Counselors at Law

 

1600 Stout Street
11th Floor
Denver, CO 80202
Tel: 303.293.9800
Fax: 303.298.8975

 

 

 

 


Frequently Asked Questions
about Class Actions

What are Class Actions?

A class action suit may occur when many different people combine their similar complaints. This saves court time and allows a single judge to hear all the concerns at the same time, and come to one settlement for all parties. Class actions enable small claimants to band together to fight back against large corporations in situations where the individuals by themselves may not have a sufficient stake or the financial resources to justify litigation. In a class action, one or more named plaintiffs, known as class representatives, stand up for the entire group of similarly harmed persons during the course of the litigation since all have been injured by a common act or set of actions. If the court agrees to certify the complaints as a class action, all class members should have equal say and rights to any monies or remedies ordered by the court.

Is my complaint too small for a class action?

Small complaints can lead to successful class actions. For example, a successful class action was mounted against Blockbuster Video for overcharging on late video returns.

How can I start a Class Action?

If you want to start a class action, and want your case evaluated, you may contact us by e-mailing us or calling 303-293-9800. You might get the opportunity to be the class representative on behalf of the class.

If I am a Class Representative, what will I have to do?

As a named class representative, you have certain obligations, including: (1) monitoring the action (reviewing the complaint, discussing the status with your attorneys); (2) responding to discovery (i.e. in securities fraud cases, providing proof of your share purchases; in consumer cases we would need proof you purchased the service or product giving rise to the complaint); and (3) ensuring that notice is provided to the class when necessary (which we, as your counsel, will take care of). In our experience, such obligations will generally only require a minimal amount of your time throughout the course of the litigation.and be consulted about possible settlements.

As a class representative, will I get paid?

You will receive your pro rata share of any judgment or settlement, at a minimum. If you incur travel or other expenses or lose time from employment due to your participatjion, you should receive reimbursement. In some instance you might be entitled to an incentive award for bringing the action.

How can I participate in a pending class action?

If you hear about a pending class action, you can probably monitor developments and file a claim for your share of any recovery. If you can determine which law firm is representing the class, you can contact them for further information. Ortherwise contact us and we will try to put you in touch with the right people.

Who pay the lawyers in a class action lawsuit?

Lawyers who represent a class for money damages are generally paid out of the recovery. Attorney fee awards are subject to court review and approval. Twenty-five percent is a typical amount, although the award may be adjusted higher or lower by the court.

How do I become a named Class Representative?

Our experience has shown that courts are more likely to look favorably on our cases, and there appears to be a greater chance of success in surviving preliminary motions to dismiss, when we have a large number of named class representatives. We therefore encourage you to become a named class representative if at all possible.

If you wish to become a named class representative, you may follow the instructions below for becoming a named class representative, or you may simply contact us and ask us to send you a packet which includes a copy of the certification for becoming a named class representative, a copy of the relevant complaint, our firm resume, and a postage paid envelope for you to return the certification in. You may contact us by filling in the form at the bottom of this page, calling us at 303-293-9800, or e-mailing us.

 

 

 

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