What are Class Action
Lawsuits?
A class action is a
type of lawsuit in which one or several persons sue on behalf of a larger group
of persons (or "class").
In class action
lawsuits, members of the class have suffered the same wrong at the hands of the
defendant. By consolidating all the claims in a single group
("class"), it becomes practicable to sue the defendant. Without
consolidating the claims, it may not be practical to launch a lawsuit, as
there may be too many participants to bring the case before a court, or the
cost of bring a case to court may out weight any damages suffered.
What are some types of class action lawsuits?
Examples of class
actions:
- employees subjected to unfair
employment practices, such as racial, age or gender discrimination
- consumers who purchased the
same defective product and were harmed by it
- investors who suffered from corporate fraud committed, through purchases or sale of stocks and other securities.
What are securities class action lawsuits?
A securities class action, or securities
fraud class action, is a lawsuit filed
by investors who bought or sold a company’s securities within a specific period of
time (known as a “class period”) and suffered economic injury as a result of
violations of the securities laws. In cases involving misleading statements or omissions, a class period generally starts
when a company makes an untrue statement of material fact about the company or
fails to disclose a material fact necessary to render other statements not
misleading. The class period generally ends when the truth is fully disclosed
to the investing public.
For example, you may have bought 100 shares of
ABC Company at $30 per share. However, it turns out that ABC’s financial
statements omitted or intentionally withheld important information about the
business. As a result, when the truth was finally revealed, the share price
plunges to $15 per share, causing you to suffer a loss on your 100 shares.
What
is a securities class action settlement?
When
the defendant is sued, they may choose to settle the lawsuit. In this scenario,
the defendant will usually agree to put aside a sum of money into a settlement
fund to compensate the class members. The court will direct the class lawyers
to send notices of the settlement to all members of the class, setting out the
details of the proposed settlement, and providing them with instructions on how
to participate in the settlement, if they so choose.
Participation
usually allows the class members to receive some monetary compensation from the
settlement fund, based on the damages they have suffered.
Why
should I participate in a securities class action settlement?
If
you receive a class action notice, and you discover that you are eligible to
participate, you should consider participating in the settlement.
It
is your chance to obtain some compensation from those who have caused the
losses you suffered from your stock (or other securities) purchases. As often
is the case, your holdings may be too small for you to sue the defendants
directly.
Participation
in a settlement usually requires very little effort from you, beyond sending in
a completed claim form before the deadline, with any supporting documentation
required. You need not participate at the start of the class action, and action
is usually only required when there is a chance to receive compensation.
By
participating in the settlement, you are cannot sue the defendant for the same
reason later.
You
will be given the chance to opt out of the settlement, if for example, you plan
to sue the defendant yourself, or if you disagree with the lawsuit.
None
of the information above should be construed as legal advice, or advice of any
sort. Please consult your own lawyer on any legal matter. No responsibility
will be borne by the owner of this log, if you should take any action based on
the information provided.
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