California Class Action Attorney Fights for Consumer Rights
San Diego attorney helps people recover against large companies
Class actions empower individual plaintiffs, who would be at a serious disadvantage confronting a powerful defendant, to obtain strength in numbers to balance the scales of justice. Barry APC believes in the power of class actions to deter illegal behavior, promote justice and ensure that the free market, dominated by powerful corporations, serves the public good and does not take advantage of unwary consumers. I work with groups of citizens to certify classes for trial in state and federal courts on such varied issues as:
- Consumer fraud
- Dangerous drugs
- Discrimination in the workplace
- Discrimination in the marketplace
- Medical device defect
- Product defect
- Shareholder fraud
- Toxic tort
It may be that an insurance company is cheating its policy holders out of small amounts of cash. For a single policy holder who notices the fraud, the loss is not worth filing a lawsuit, so the company can reap millions in illegal profits unimpeded. Or a manufacturer might keep a product on the market after it’s proven to be unsafe, thinking the worst case scenario would be a few lawsuits, the cost of which the company could easily absorb. But a class action, a single suit representing every person who was harmed, allows consumers to band together and use their strength to take down even the most powerful corporate defendants.
When can a lawsuit become a class action?
In order for a suit to be certified as a class action, it must satisfy four criteria. Plaintiffs must show:
- Commonality – that the plaintiffs’ claims are substantially about the same thing
- Adequacy – that the named plaintiffs and their attorneys are able to represent the class appropriately
- Numerosity – that there are enough plaintiffs to justify a class designation
- Typicality – that the representative plaintiffs’ claims are typical of all claims within the class
Barry APC has extensive experience getting plaintiff groups certified as classes. I have prevailed, either through skilled trial strategy in state and federal court, to obtain money damages and/or injunctive relief for our clients. I have also aggressively negotiated to obtain large settlements.
Have you received notice of a class action to which you may be a party?
Perhaps you have seen or heard a published notice that the pharmaceutical company that manufactured a prescription you used is facing a class action. Class actions are generally held on an “opt out” basis, meaning the action is ready to go forward, with you if you do nothing, or without you if you remove yourself. If you do not act, you will be bound by the judgment in that case. If you opt out, you retain your right to pursue compensation on your own, but may face severe difficulties. You have the right to know whether your interests will be adequately represented by the case at hand and its attorney or whether you’d be better off opting out. I zealously pursue justice for my clients and the entire certified class.
Contact an experienced California class action attorney to forcefully pursue justice
To schedule a consultation to determine if your legal dispute could possibly be certified as a class action, contact Barry APC at 619-331-3970 or contact me online. My office is located in San Diego, California.