The weight-loss industry is booming in the United States, and probably will continue to grow as the nation experiences what the Surgeon General has deemed an “obesity epidemic.” As a result, drug makers are constantly seeking to develop and market that lucrative “magic pill” that will facilitate weight loss.

In fact, drug companies have been marketing diet pills in various forms for more than twenty-five years, and desperate patients have been more than willing to try them, often with tragic consequences. Sadly, in a quest to become healthier, unwitting users have subjected themselves to dangerous diet drugs, experiencing not an improvement in health, but rather serious health problems and even death.

In 1992, for instance, pharmaceutical companies marketed two diet pills called Fenfluramine and Phentermine, to be used in combination and therefore dubbed “Fen-Phen.” Unfortunately, tens of thousands of Americans have suffered very serious injuries from taking these diet drugs and similar ones. These injuries include heart valve damage and potentially fatal primary pulmonary hypertension (PPH).

It is unclear how many deaths have been directly attributed to extended use of fenfluramine but in 2004 a Texas jury awarded $1 billion to the estate of a deceased woman after finding that Fen-Phen caused her death. Many Fen-Phen users face heart valve replacement surgery, and countless others now live in fear because they do not know what will happen if their disease progresses. Thousands of others remain unaware of their injuries because they have not yet had the medical testing required for proper diagnosis-often an echocardiogram, which is, in essence, a noninvasive and painless ultrasound examination of the heart.

There is strong evidence that some of the companies involved in marketing and selling Fen-Phen knew that these drugs were causing serious, even fatal, injuries, and that they deliberately concealed that information from the Food and Drug Administration (FDA) to protect their profits. Fenfluramine and dexfenfluramine were removed from the market in September 1997, at the request of the FDA, but by then significant damage was done, and thousands of Americans suffered needless, but very serious, injuries.

There have been many individual lawsuits seeking diet drug-related damages, and there have been class action lawsuits as well, in which large groups of injured individuals have joined together to sue the same manufacturers. A class action lawsuit is a case in which there are one or more persons named as plaintiffs in the complaint, the document that officially starts the lawsuit, but the case is actually pursued on behalf of many other persons with similar claims. The persons named on the complaint are the “class representatives,” and their claims must arise from circumstances similar to those of the other class members.

Generally, individual plaintiffs need not take any formal action to join in class action litigation, but rather they automatically become members unless they formally opt out. Rarely, a class action will be limited to those plaintiffs who expressly choose to opt in. Potential class members are often notified by letter informing them in writing of any action they need to take. Not all individuals are best served, however, by national settlements of class actions, since they may not fairly compensate the most seriously injured diet drug users. It is important to note that class action settlements are binding on all persons who do not “opt out.”

All diet drug users should consult with their physicians about the risks of taking any prescribed or over-the-counter weight-loss medications and submit to any recommended follow-up testing. If ill effects are experienced or discovered through examination and testing, the victim must act immediately to protect his or her legal rights as well. If you have suffered damages as a result of a diet drug, it would be prudent to seek legal counsel right away.

When seeking an attorney to represent you, be sure to investigate his or her background in products liability law, especially with regard to drugs and pharmaceuticals. Inquire about his or her track record so that you can make an informed decision about whether this is the right person to steadfastly stand up against a big pharmaceutical company that has many more resources than you do to fight the charges against it. Only with an experienced advocate on your side can you be sure to achieve an outcome that best compensates you for your losses.

http://rftmlaw.com

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We understand the challenges individuals and families face when they seek recovery for their losses, whether from personal injury, wrongful death, medical malpractice, or employment discrimination and harassment.

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http://EzineArticles.com/?Dietary-Weight-Loss-Drugs-and-Medical-Malpractice&id=6601931

The recent withdrawals of the prescription medications Vioxx and Bextra from the marketplace due to safety concerns has class-action lawsuits in the news again. What is a class-action lawsuit? If you have been wronged, can a class-action lawsuit help you?

A class-action lawsuit is one in which a single law firm or attorney represents a group of individuals who have been wronged in some common way. The wrong may have come in the form of physical harm from a commercial product or perhaps in the form of financial harm done by a company misleading the public in some way. In the early 1990′s, class-action lawsuits were filed on behalf of women allegedly harmed by silicone breast implants, and now attorneys are filing class-action suits on behalf of people allegedly harmed through the use of Vioxx and Bextra.

There are advantages and disadvantages to class-action suits. The primary advantage is that they allow a group of people, perhaps numbering in the thousands, an opportunity to have their case heard in court without each of them having to file a separate lawsuit. If thousands, or even tens of thousands, of people filed individual lawsuits against the same company for the same reason, the courts, both at the Federal and state levels, could become hopelessly clogged with nearly identical cases. Another advantage is that it allows people who may not have individually suffered enough harm to justify a lawsuit by themselves to seek compensation as a group, or “class” where the harm committed is cumulatively large.

The courts decide whether or not a case is to be heard as a class-action suit, as the court must decide if the merits of the case justify handling the suit in that way, and whether or not the attorney or law firm in question can adequately represent the victims involved. Should the case proceed as a class-action suit, only one or two representatives of the class need appear in court. They will represent the class; it is not necessary for all members of the class to be present at trial.

Once the case is certified as a class-action lawsuit, all parties representing the “class” are notified by their attorney either via mail or public notice. They then have the opportunity to “opt out”, should they not wish to be represented in the case by the attorneys in question. Unless the notified individuals opt out, they are included and will share in the award, should the lawsuit proceed to a successful conclusion. Individuals who choose to opt out may then elect to hire their own representation and perhaps file a lawsuit on their own.

Class action lawsuits typically take several years to reach their conclusion, particularly if the suit is followed by appeals by the losing party. It is not uncommon, however, for class action lawsuits to be settled out of court.

As always, should you find yourself in a situation where a lawsuit might be warranted, be sure to consult with a qualified attorney.

©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including [http://www.Bextra-Info.net/]

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http://EzineArticles.com/?Class-Action-Lawsuits—Can-They-Help-You?&id=30661

Class action lawsuits give individuals the power to match up against corporations. Class actions can be really successful if there are a large group of class members who have all sustained a relatively small loss sustained as a result of corporate criminality. The legal costs for individual members to file separately would be high. And the heavy burden on the court system would be excessive. The purpose of class actions is to give a convenient and economic solution for mass tort lawsuits.

Class action lawsuits can be brought before the United States federal courts, as governed by Rule 23 of the Federal Rules of Civil Procedure, when the suit involves class members, with common issues, across state lines. They can also be brought before the federal court if the case is connected with federal law. Class action lawsuits can also be brought before state courts. Different states may have differences in civil law and so may need individual attention or through multi-district litigation. Federal courts are more hostile to class actions than their state counterparts.

The ‘class’ consists of the group that have incurred damage or have been wronged by a businesses illegal actions or products. Examples include faulty products such as medical device defects or antitrust and securities lawsuits.

To start a class-action suit, a group must first be first certified as a ‘class’ by the court. Before certifying the court will decide if there are a large number of plaintiffs that it would otherwise burden the court to try them individually. They must also decide whether this group has common issues and that the claims of the class members must be typical of those of the putative class. The group filing the class action must be adequately representing the class. If these criteria are successfully met then the class action can be certified. Upon certification all members are notified and have the opportunity to opt out. Usually only a few members of the class need be present at the trial. Upon conclusion any award will be divided up between all members of the class. Often these types of lawsuits are settled out of court. Class actions are rarely resolved quickly and can often take years to come to a conclusion.

The class action system is not without its detractors. The system is blamed for epidemic levels of litigation abuses in state courts. The detractors claim that juries and judges are in collusion and team up to award large settlements. The end result is an increase in consumer prices.

Class actions are a thorn in the side of large corporations. The help give the little guy a much needed voice. They also help reduce pressure on the legal system. However they do have their detractors who are against the systems and suggest that lawyers are the ones who are truly winning by abusing the system.

James Johnstone writes for the Class Action Lawsuit news and resource site. Visit http://www.class-action-lawsuits.org for more information.

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http://EzineArticles.com/?Class-Action-Lawsuits—Individuals-Against-Corporations&id=203122

Before the ’80s, the Masonite Corporation was a leading manufacturer of high-quality hardboard siding. Cost reduction efforts during the 1980s and 1990s resulted in the company producing an inferior product that buckled, rotted, softened, blistered, and/or swelled after routine exposure to moisture. Many buildings constructed during this time used Masonite’s defective siding, which caused millions of dollars in structural damage to homes and businesses. A siding class action lawsuit was filed against Masonite demanding monetary restitution on the grounds that the company had failed to meet its warrantee.

On January 15, 1998, the Circuit Court of Mobile County, Alabama, granted plaintiffs a settlement in the Naef v. Masonite lawsuit. The outcome of this Masonite suit reimbursed eligible claimants who owned property fitted with this bad siding for costs related to damage caused by it. If you own a building–condominium, town home, or multi-unit dwelling–with Masonite siding installed between 1990 and 1998, you qualify for cash compensation from this class action suit.

The average payout in this siding lawsuit is $3000. Claimsource One has recovered more than $15 million for property owners and can help determine whether you qualify for this siding class action with an on-site inspection by an insured, experienced field technician.

John Pawlak is the President of ClaimSourceOne Inc – http://www.claimsourceone.com

ClaimSource One is a claim service firm that specializes in assisting property owners recover cash settlements for damaged building products such as Masonite, Omniwood, Weyerhaeuser, ABTco & Stimson installed on their real property.

Article Source: http://EzineArticles.com/?expert=John_Pawlak
http://EzineArticles.com/?Siding-Class-Action&id=243421

Perhaps you’ve seen TV or newspaper ads that tell you that you may qualify to participate in a mass tort or class action lawsuit against a large company. However, it may be confusing to distinguish between the two types of legal actions. If you want to take part in a mass tort or class action lawsuit, or are simply curious about their proceedings, this article provides a brief overview of the differences and similarities of the two.

First, let us take a look at class action suits. Class action lawsuits are characterized by group action, rather than a bunch of individual court cases. Everyone who decides to take part in this type of suit sign over their rights to charging the negligent company in a singular lawsuit. Basically, you put yourself in an all-or-nothing position with the other people who have suffered damages at the hands of a large corporation.

If convicted of damages, a corporation may have to pay out a certain amount of money as punitive and compensatory damages. Punitive money is paid out by the company as part of punishment, while compensatory refers to the payment of actual damages suffered by the plaintiffs. Moneys are typically divided proportionate to the amount of damages endured by each member of the group of plaintiffs. Therefore, it is not usually equally divided.

There have been several famous class action lawsuits, but probably one of the most known is the case against Pacific Gas and Electric Company, which was the case shown in the movie Erin Brockovich. In this landmark class action suit, about 1,100 people banded together to sue PG&E in California. Basically, the company was found responsible for dumping chromium 6, a possible carcinogen, into the water supply used by homes in the neighboring area. This went on from the late 1960s until the mid-1980s without the knowledge of the homeowners. Eventually, PG&E settled by paying $295 million.

Mass tort lawsuits are basically the same as class action suits: they sue a company for damages against a large group of people. However, with mass torts, it is really a bunch of individual cases rather than one large lawsuit. All of the cases are combined into a single trial to possibly save time and money.

A famous mass tort lawsuit is Exxon Shipping Co. v. Baker. This lawsuit was about the Exxon Valdez wreck onto Prince William Sound in 1989. It spilled at least 10.8 million gallons of crude oil, killing animals and causing one of the largest ecological disasters in United States History. In the court case, the company had to pay $500 million in damages to those who suffered because of the spill.

For more information on mass torts and class action lawsuits, as well as other legal topics, check out the interesting and informative Legal City Attorney Search Directory that can be found here.

Joseph Devine

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http://EzineArticles.com/?Class-Action-Vs-Mass-Tort-Lawsuits&id=2750155

Many Americans are familiar and comfortable with the idea of seeking justice through lawsuits against individuals, groups, or entities who are responsible for causing injuries or damage. Most Americans are also familiar, at least in name, with the terms “class-action lawsuit” and “mass tort litigation.” However, even those who have heard these terms before – and sometimes even those who use such terms themselves – are unclear as to what they actually mean.

Why, for example, would a class-action lawsuit be filed? How do they work? Are there legal requirements or criteria which determine whether a specific complaint, issue, or grievance can be resolved through a class-action?

Reasons for Class-Actions

One of the main goals of class-action lawsuits is efficiency. While litigation on an individual basis may be appropriate in, say, a car accident case, it may be tedious and redundant if a case involves thousands or hundreds of thousands of people with similar complaints. Imagine, for example, if thousands of people all wanted to sue a car manufacturer for the faulty brakes which caused their car accidents. Allowing each person to sue individually would only bog down the system and create legal chaos. Class-actions allow the legal system to group people with similar claims together and litigate their cases in one fell swoop.

Requirements for Filing a Class-Action

The requirements for filing class-action suits are outlined in the Federal Rules of Civil Procedure for cases at the federal level, and in state code at the state level, though requirements are usually similar. These requirements are generally logical and fairly intuitive, but still bear mention:

- Large number of people affected – in order to qualify for a class-action, a sufficiently large enough number of people must have been affected, so that filing individual suits would be impractical.

- Similar complaints or claims – plaintiffs in the case must have complaints or claims against the defendant which are similar enough to allow for litigation to be compressed into one unit. A large number of people with dissimilar claims would be logically unable to resolve their differing disputes in the same courtroom.

Furthermore, the Federal Rules for Civil procedure also require that the plaintiffs who actually appear at trial be accurate representatives of the group as a whole. In other words, the representatives must be “typical” of the rest of the group, rather than stand-out cases designed to curry favor with the jury.

To learn more about class-action lawsuits in the American legal system, visit the website of Milwaukee personal injury lawyers Habush, Habush, & Rottier, S.C. at http://www.habush.com

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?Basics-of-Class-Action-Lawsuits&id=1227121

A class action is a civil lawsuit filed by multiple people who experienced the same injury from the same product, a single trial to hear all claims. The difference between their cases as individuals is only the extent to which each was injured. For instance, one anti-inflammatory medication user who developed SJS may have the associated rash while another may have lung damage and blindness as well. Often when a party was injured by a product but they do not have a strong enough case to file an individual lawsuit against the company, they can band together with others who suffered injury from the same product to make their case stronger by numbers.

Another benefit of class action lawsuits is pursuing a suit for only small losses. For example, $100 spent on a product that doesn’t work or spent to correct problems the product causes is a mall amount of money and does not justify the expense and time of filing a lawsuit. However, many people who have all lost $100 can band together and file a class action suit, splitting amongst them the cost of lawyer fees and filing the suit, and can hope for a settlement to be reached. If not for class action suits, that $100 lost, small in the court’s eyes but substantial to the individual, could never be recovered and the company responsible for the faulty product would never have to reform. Class action lawsuits are most often for defective products, asbestos, prescription drug side effects or tobacco. If your case involves people across state borders then you may file a Federal class action. These suits are much more complicated and require a good, experienced lawyer.

Class action lawsuits have many benefits. They are more efficient, presenting witnesses and exhibits and facts of the case all at once rather than holding up the courts with trying them separately. They spread the burden of cost between all the different plaintiffs who, on their own, might not have been able to file suits. Furthermore, if recoveries are small (although no less significant to the individual) it is not cost beneficial to file a suit independently because of fees. They ensure that all plaintiffs get their portion of the settlement; here, the plaintiffs who first complained are not given extra money.

If you have any questions about class action lawsuits, please contact a class action lawyer right away.

Article Source: http://EzineArticles.com/?expert=Margaret_Wommack
http://EzineArticles.com/?Class-Action-Lawsuits-Defined&id=47263

When people are harmed by another person or entity, they sometimes choose to take legal action in an attempt to regain some of their losses. Many of these legal actions are filed by individuals or families against one or more companies, people, or organizations. However, sometimes the actions of one or more companies affect hundreds or even thousands of people adversely. In these cases, people have a choice between filing individual claims or pooling together to file a class action lawsuit.

These are cases in which one action or lack of necessary action affects multiple individuals, businesses, or families. They are often filed by one or a few people on behalf of many others. In some cases, there is only one or a few defendants, but several different entities are named as defendants (i.e., the entities being sued).

Why Class Action Suits Are Filed

Depending on the circumstances, this kind of legal claim can have several advantages over filing an individual personal injury claim. These may include:

Efficiency – By filing on behalf of many people, you can eliminate the need for each individual or business to pursue a separate legal action. This can help decease both the total cost of the claim and the length of time it requires.

Distribution of compensation – When many people file claims against one entity, it is possible that only the first to file will receive compensation; following a certain point, the defendant may no longer have the funds to pay compensation. A class action lawsuit can help eliminate this issue.

Consistent ruling – If individuals take their claims to the courts, many different verdicts may be reached. If these verdicts include behaviors that the defendants must implement, they may contradict each other. A joint lawsuit allows for a single, consistent ruling.

These claims have helped many people receive the compensation they needed to recover from injuries, property damage, or other losses. In addition, some have led to lasting changes being made in the business, medical, and government fields. These changes are intended to better protect the rights of all US citizens.

For more information, visit the website of class action lawsuit attorneys Feazell & Tighe, LLP.

James Witherspoon

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http://EzineArticles.com/?The-Definition-of-Class-Action&id=5533171

There is a movie I love called Back to School, starring the late, great Rodney Dangerfield. At one point during the film, Rodney is trying to get a date with a university professor. Rodney asks if she’s available Monday. She responds, “No, sorry, I’ve got class.” Tuesday? “Sorry,” she says, “I’ve got class.” Eventually, in frustration, Rodney finally tells her, “Look lady, why don’t you call me when you’ve got no class!” Heh! I just love that joke!

So how am I going to tie Rodney Dangerfield into my monthly legal article? Well, I received a notice lately that I may have a claim under a class action for one of my credit cards. Of course, having spent three years of my life having my brain pounded into mush in law school, I knew what a class action was. I started thinking, however, what if I had not become a lawyer? Would I know what this notice was? After all, it looks pretty legal and formal. Would I be nervous if I didn’t know what this was?

This month, my friends, I’m going to take you back to school and teach you a little bit about class actions. (Pay attention! There will be a pop quiz at the end!) Essentially, a class action is a lawsuit brought on behalf of a very large group of people. Typically, lawsuits are brought by an individual or a small group of plaintiffs against a defendant or group of defendants. Sometimes, however, there are so many potential plaintiffs affected by a claim that it becomes practically impossible to handle all of these disputes on an individual basis. In these situations, the law allows for attorneys to request a judge to “certify” a class action lawsuit. Under these circumstances, there will normally be one law firm designated to represent the entire group of people that may be affected by a particular claim.

In class actions, the entire group of people who may have a claim will typically receive at least one written notice in the mail of the proposed class action. Sometimes class actions will also be announced via other media, such as television, radio or newspaper. Each of the class participants typically have the option to “opt out” of the class. That is to say, they can remove themselves from the large group involved in the lawsuit so that they are able to file their own lawsuit against the defendant individually.

There are some definite pros and cons to class action lawsuits. One important benefit is that it creates a means by which large corporations can be held liable for injuries that are so small so as to be impractical to pursue individually. For example, if your telephone company is charging an extra fifty cents on your monthly phone bills, it would be ridiculous to sue them for these amounts. While the amount being taken from you is minimal, however, the company could be wrongfully making millions of dollars a year. A class action is a good way to insure that such small wrongs can be made right and justice may be done.

One common criticism of class action lawsuits is that, sometimes, the lawyers representing the class may earn millions in fees, but the participants in the class receive very little. Sometimes class action settlements result in the issuance of coupons or credits, thus requiring the person injured to continue to do business with the company that slighted them in the first place!

The moral of the story, of course, is that you should not fear these notices, but you should read them and respond. Often times these notices are the means by which you can have a minor irritation or wrong acknowledged and addressed. After all, you don’t want to spend your life like Rodney, constantly complaining, “I don’t get no respect!”

Written by the owner of http://attorneyguss.com/ This article can be reproduced in whole or in part, providing this byline is included along with a followable link to http://attorneyguss.com/

Article Source: http://EzineArticles.com/?expert=George_Manty
http://EzineArticles.com/?A-Class-Act&id=3411411

A class-action lawsuit is a type of legal claim in which many injured parties come together to pursue compensation from the person or entity who harmed them. This kind of claim can be very useful in cases where one party has caused a great deal of harm. Common examples include companies that negligently pollute a large area of land, or employers who routinely mistreat their employees.

The alternative to a group claim is for each individual who has been injured to seek legal action on his or her own. While this can be advantageous in some cases, there are many reasons why plaintiffs may decide to band together. These include:

• Efficiency – By teaming up, plaintiffs can pursue one case instead of dozens or even hundreds. This method is generally faster and uses less of the courts’ resources to reach a resolution.
• Lower costs – Pursuing claims together allows plaintiffs to share legal costs. In addition, many attorneys in this field work on a contingency basis, which means they take their payments from the settlements they win. If a case is unsuccessful, plaintiffs will not owe their legal representatives any money.
• The chance to pursue smaller settlements – If an injured party has only suffered relatively small damages, the costs of pursuing a claim may not be financially worth it. However, joining a group of plaintiffs may give some parties an opportunity to seek compensation even for smaller damages.
• Uniform settlements – A large number of claims will likely be handled by a variety of judges, which means that some claimants may receive large settlements while others receive small or no settlements. Since a group claim is handled by one judge, the results are more likely to be uniform.

Class-action lawsuits are not always the best way to pursue compensation. However, in some cases, they can be the most efficient and reliable legal action for injured parties who are seeking justice.

For more information about class action lawsuits, visit the website of Feazell & Tighe, LLP.

James Witherspoon

Article Source: http://EzineArticles.com/?expert=James_Witherspoon
http://EzineArticles.com/?Why-Do-People-File-Class-Action-Lawsuits?&id=5874597