Bashian & Papantoniou is dedicated to pursuing justice for individuals and groups who have been harmed by the improper conduct of large corporations and companies, manufacturers, employers and insurance companies. As lead counsel or co-lead counsel, in a class action lawsuit our attorneys coordinate the day-to-day litigation activities and implement the best overall strategy to recover results that our clients deserve and approve. We handle class action lawsuits in the areas of the American Disability Act violations, antitrust, defective products, securities law fraud, consumer protection, civil rights litigation, employment law and insurance law.
The Prerequisites to Bringing Class Action in Federal and New York Courts:
Federal class action lawsuits are governed by the Federal Rules of Civil Procedure Rule 23 and U.S.C.A. § 1332 (d). New York class action lawsuits are governed by CPLR § 901.
The members of a class may sue or be sued as represented parties on behalf of all the class members when the following criteria are met:
(1) The class is so numerous that joinder of all members is impracticable
(2) There are questions of law or fact common to the class
(3) The claims or defenses of the representative parties are typical of the claims or defenses of the class and
(4) The representative parties will fairly and adequately protect the interests of the class.
In New York, the law also requires that the bringing of a class action is superior to other available methods for the fair and efficient adjudication of the controversy.
Federal Courts will also look to other factors such as:
(i) Whether prosecuting separate actions by or against individual class members would create a risk of inconsistent or varying adjudications or such adjudications with respect to individual members would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;
(ii) The party opposing the session acted or refused to act on grounds that generally apply to the class; thereby making injunctive relief appropriate for the class as a whole;
(iii) The court finds that questions of law or fact common to class members predominate over any questions affecting only individual members and that a class action lawsuit is superior to other adjudicating options.
Meet Our Professionals
The attorneys at Bashian & Papantoniou are constantly striving to take law to the next level. Our team is comprised of exceptional professionals who put their clients first. We are knowledgeable, personable and diligent. Client success is our top priority.