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500 Randolph Street, Charleston, West Virginia 25302

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Class Action Lawsuits in Charleston

We have the resources and experience to file multiple-plaintiff claims against large corporations

Established in 1976, Calwell Luce diTrapano PLLC has amassed the substantial resources and extensive experience to represent clients in multiple-plaintiff claims. We consider organizing a class action when our research finds that numerous plaintiffs are harmed by the negligent actions of the same defendants who injured you or your loved one. We may initiate a class action in a case that involves:

  • Community contamination — Our law firm files class actions on behalf of the residents of towns and neighborhoods affected by community contamination. A common example occurs when a town’s air or water quality is affected by widespread pollutants and toxins due to a company’s actions.
  • Consumer fraud — Our Charleston lawyers file claims as a class when businesses or swindlers cheat multiple individuals in consumer fraud. We’ve uncovered a wide variety of practices and schemes affecting many victims.

Benefits of filing a class action lawsuit

Certain advantages come with filing a class action instead of an individual lawsuit. We recommend initiating a class action to:

  • Consolidate resources — Class actions require fewer lawyers, investigators, court reporters, depositions, subpoenas, copies of documents, production of motions and other resources than if each individual files an individual lawsuit.
  • Reduce costs — By consolidating resources and sharing expenses, a class action reduces the costs of litigation. Pooling the costs among victims lessens the financial burden on any one individual and often makes it possible to pursue justice when it would otherwise not be possible.
  • Streamline the legal process — Instead of requiring witnesses to attend multiple depositions producing identical testimony, making numerous copies of the same documents, arguing the same points at several hearings and otherwise repeating legal procedures, a class action allows each function to be carried out one-time on behalf of all plaintiffs.
  • Make the pursuit of smaller awards or injunctive relief feasible — A class action lets plaintiffs engage in litigation to recover small amounts of compensation or to win nonmonetary injunctive relief. Because of the costs involved, seeking to recover these other deserved damages on a small-scale basis likely would not be an option.
  • Facilitate the fair distribution of damage awards — A class suit promotes the just distribution of damages to all plaintiffs. As all parties are seeking justice as one, the process eliminates the potential of the defendant’s financial resources being distributed unfairly on a first-come-first-serve basis.
  • Create consistency in judgments — When the same issues are litigated multiple times in different courts, vastly conflicting rulings can lead to ambiguity, confusion and unfairness. Class actions ensure that all victims receive all of the compensation to which they are entitled.

Class certification

The court must certify the group of plaintiffs as a class for a group lawsuit to be permissible. Class certification requires that:

  • There are so many plaintiffs where joinder is not practicable.
  • Each case has questions of law or fact in common.
  • The claims of the representative of the class reflect the claims of the other members of the class.
  • The class representatives and their counselors are protecting the interests of the class as a whole.

Consult our class action lawyers about whether filing a multi-plaintiff claim can produce the best results in your case

For more information about filing a class action lawsuit, call Calwell Luce diTrapano PLLC in Charleston at 304.400.6558 or contact our law firm online to schedule an appointment.