Class Actions

Our Florida Lawyers are committed to fight or justice for large classes of victims in class and collective action lawsuits.

Class actions and collective actions (which are a special kind of class action lawsuit for employment and wage matters) allow many individuals to come together in one lawsuit and bring their legal claims against the wrongdoing corporation. These actions are typically used where corporations (or employers in the case of a collective action) have engaged in illegal activities that have caused similar problems for a large class of similarly situated individuals. Our Florida lawyers have extensive experience in handling class and collective action lawsuits. We are committed to fight for justice for large classes of victims against even the most powerful wrongdoers.

Collective Action Lawsuits under the Fair Labor Standards Act

Collective action procedures are most often used for violations of the Fair Labor Standards Act (FLSA). A collection action is appropriate where the employer has violated FLSA, by, for example, failing to pay overtime to a large number of employees or former employees, who work a similar job and are paid on the same general basis and subject to the same pay rules. Unlike the more common class action case, in a collective action case only those persons who have specifically opted to participate in the case will benefit from the court’s judgment.

Class Action Lawsuits and Procedures to Certify the Class

A class action lawsuit is a lawsuit in which a person acting as the plaintiff in a lawsuit represents a larger group of people who have similar legal claims against a particular defendant or group of defendants. The person who brings the lawsuit on behalf of the others is referred to as the "class representative." The class representative serves in a fiduciary role to all others who are similarly situated (i.e.,the "class" of members). All members of the class are included in the action unless they specifically opt-out of the lawsuit. Class actions are useful in situations of widespread workplace discrimination or defective products.

Class action procedures are more stringent than those for collective actions. To maintain a plaintiff class action, a court with jurisdiction must certify the class action. This requires the plaintiff to show four prerequisites:

(1) The potential class members are so numerous as to make joinder of all the class members impracticable;

(2) There must be questions of law or fact common to the class members;

(3) The claims or defenses of the class representatives must be typical of the claims or defenses of the class to be represented; and

(4) The representative must fairly and adequately represent the interests of the class.

Purpose of Class Actions and Collective Actions

Class actions and collective actions enable a large group of people injured by similar misconduct to have their claims joined together in a single lawsuit. This is critical in situations involving hundreds or thousands of class members, where individual damages may be small compared to the cost of a lawsuit so that no one individual would bring a claim because it does not make economic sense for them to do so. By combining many claims, individual employees can be more successful in receiving compensation for common problems suffered as a result of their employer’s illegal conduct. Class action and collective action procedures also provide persons who cannot otherwise afford legal representation with access to qualified and experienced legal counsel who will represent them and the class as a whole with regard to their meritorious claims.

Our experience in complex class and collective action cases has enabled us to litigate successfully the claims of numerous individuals against large and powerful corporations. In fact, our class and collective action lawsuits have resulted in large settlements, as well as the admission of one of our partners into an elite forum reserved for attorneys with settlements or verdicts in excess of $2 million dollars.

Let our experience and knowledge also work for you and for those with the unfortunate predicament of sharing your harm, pain and/or suffering. Please contact our Florida attorneys today to arrange for a free consultation.

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Class Action and Collective Action Lawyers in Gainesville and Ocala, Florida

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Alachua County : (352) 505-8900

Marion County: (352) 433-1068

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CLASS ACTIONS AND

COLLECTIVE ACTIONS

MASSEY & DUFFY, PLLC
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Massey & Duffy is a full-service law firm serving Gainesville, Ocala and Jacksonville. Attorney practice areas include vehicle accidents, commercial disputes, construction, torts, premises liability, trucking accidents, overtime and employment law. Please also visit our Yahoo and Google Local Pages.

Lawyers Serving Gainesville and Ocala, Florida

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ALACHUA: (352) 505-8900

MARION: (352) 433-1068