- August 20 2024
- | Class Actions
A class action is a type of lawsuit where a group of people with similar complaints or injuries sue a defendant, usually a company or organization, as a collective group. Instead of each person filing an individual lawsuit, they combine their cases into one. This makes it easier and more efficient to handle legal claims that affect many people similarly, such as cases involving defective products, consumer fraud, or environmental damage. The goal is to get a fair verdict for everyone involved, and for this to happen, a settlement is often reached before trial.
In class action lawsuit situations, where many plaintiffs file together to take on a defendant, reaching a settlement can be challenging. This is because there is a need to satisfy many people and get them a fair and just settlement offer; thus, reaching a fair compromise that will satisfy everyone is often arduous. When it seems like everything is settled, new problems, such as some people objecting to the settlement, can arise. These objections can be caused by genuine concerns or other reasons, turning what seemed like an easy solution into a long and drawn-out process.
If you are a plaintiff in a class action lawsuit, you have the right to object to a settlement that does not work for you. This is a crucial part of the legal process; to ensure your objection is effective, you need legal counsel from a well-experienced attorney. Our attorneys at Leverty & Associates Law can provide you with the guidance and support you need. If you or your loved one is a plaintiff or class member in a class action lawsuit, you will need a dependable attorney by your side; we can help you.
Why Hire Our Attorneys at Leverty & Associates Law?
Leverty & Associates Law has reliable and highly skilled attorneys with profound knowledge and experience in class-action lawsuits. We can help you object to a class action settlement. We will guide and support you and ensure that you follow the proper procedure so that your objection will be heard.
Don’t try to handle the objection process alone! Our lawyers will provide expert guidance to ensure your objections are effectively presented and considered by the court.
At Leverty & Associates Law, we are committed to ensuring that your legal process runs smoothly, regardless of its duration. We will stand by your side, working tirelessly to ensure the settlement works in your favor. If you need a team of reliable attorneys, do not hesitate to call us. Contact us at (775) 322-6636 (Reno) and (702) 507-0201 (Las Vegas) for a free initial consultation.
How To Object to a Class Action Settlement
As a class member, you have a right to object to a class action settlement. When a settlement is proposed in a class action lawsuit, members of the class need to be informed on how to object to it. This information must be included in the settlement notice, which each class member will receive by mail or email. In most cases in federal court, class members can only send their objections directly to the court and can’t request changes to the settlement terms (like increasing the settlement amount); they can only ask the court to reject the settlement.
The following are the steps to take to object to a class action settlement:
- Review the Settlement Notice: When a settlement is proposed, all class members receive a notice detailing the terms. This notice is your first source of information and will include critical details such as the amount of the settlement fund; the allocation method for class members, attorneys’ fees and other expenses; and the deadline for filing an objection. Make sure to read this notice carefully. Understanding the terms will help you craft a compelling objection.
- Determine Your Grounds for Objection: To object effectively, you need a solid reason. Common grounds for objection include inadequate compensation, unfair allocation, excessive attorneys’ fees, and a lack of proper notice. Make sure your objection is based on factual information and is not just a general dissatisfaction with the settlement.
- Draft Your Objection: Once you’ve identified your grounds, the next step is to draft a written objection. Your objection should include your contact information, the statement of your objection, any supporting evidence, and an optional request to appear.
- Submit Your Objection: The settlement notice will include the deadline and instructions for submitting your objection. In Nevada, you typically need to file your objection with the court and serve copies to all parties. Ensure your objection is submitted before the deadline. Late objections are usually not considered by the court.
- Attend the Fairness Hearing: After the objection deadline, the court will hold a fairness hearing to decide whether to approve the settlement. If you’ve requested to appear, this is your opportunity to present your objection in person. Even if you don’t attend, your written objection will be considered.
- Await the Court’s Decision: After the hearing, the court will decide whether to approve the settlement as proposed, modify it, or reject it. If your objection raises substantial concerns, the court may require changes to the settlement before approval.
Reasons for Objecting to a Class Action Settlement
In some places, class members can voice their concerns about a proposed class action settlement for various reasons. For instance, a class member might object to the settlement by saying that, considering how much harm the class suffered and how much the defendant did wrong, the proposed settlement isn’t fair, reasonable, or good enough.
It’s also important to be vigilant about how the settlement process is being handled. For example, a class member might raise a valid point about the Notice of Settlement, arguing that it lacks sufficient details about the settlement terms. This lack of clarity can make it challenging for class members to fully understand and consent to the terms of the settlement.
With our experienced legal team, you can maximize the impact of your objections and increase the likelihood of achieving a fair and favorable outcome.
The Impact of Objections: Delays and Disruptions
The objections, whether in good faith or not, can significantly impact the final approval and the ultimate disbursement of much-needed relief to class members. They have the potential to delay these crucial steps for months or even years. This impact is particularly pronounced in large, high-profile class action settlements where the stakes are enormous, and many class members are eagerly awaiting their compensation.
For example, in a high-profile consumer class action settlement, objections can hold up payments to millions of individuals. This delay benefits defense counsel, who are paid hourly and can continue to bill their clients, while the plaintiffs, often those in need of relief, are left waiting.
Get Help from Leverty & Associates Law
At Leverty & Associates Law, we have many years of experience and knowledge that have helped us work well for our clients. We will commit our skills and expertise to guide and support you. Don’t settle for less! Our lawyers will fight to ensure you receive fair compensation and that your objections are taken seriously during the settlement process. Contact us at (775) 322-6636 (Reno) or (702)507-0201 (Las Vegas) for a free consultation.